THE PEOPLE V ELVIN RIOS
Motion No: KA 08-02141 AND KA 09-01198
Slip Opinion No: 2009 NY Slip Op 84152(U)
Decided on September 21, 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.


September 21, 2009

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

KA 08-02141 AND KA 09-01198
Indictment No: 2008-0357 and
Indictment No: 2008-001094

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ELVIN RIOS, DEFENDANT-APPELLANT.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from the judgments of Erie County Court, rendered October 10, 2008,

Now, upon reading and filing the affidavit of Matthew B. Powers sworn to August 31, 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 October 19, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to November 4, 2009.

Entered: September 21, 2009

Patricia L. Morgan, Clerk