THE PEOPLE V BASIL S. PAYNE
Motion No: KA 08-01366
Slip Opinion No: 2009 NY Slip Op 81560(U)
Decided on August 24, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


August 24, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-01366
Indictment No: 2006-2189

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BASIL S. PAYNE, DEFENDANT-APPELLANT.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a judgment of Supreme Court, Erie County, rendered June 19, 2008,

Now, upon reading and filing the affidavit of Matthew B. Powers, sworn to August 6, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a respondent's brief is extended to September 14, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to September 29, 2009.

Entered: August 24, 2009

Patricia L. Morgan, Clerk