THE PEOPLE V CARL D. ERB, JR.
Motion No: KA 08-01770
Slip Opinion No: 2009 NY Slip Op 88315(U)
Decided on November 4, 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.


November 4, 2009

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

KA 08-01770
Indictment No: 07-10-132

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CARL D. ERB, JR., 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 Ontario County Court, rendered July 25, 2008,

Now, upon reading and filing the affidavit of R. Michael Tantillo sworn to October 16, 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 December 2, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to December 17, 2009.

Entered: November 4, 2009

Patricia L. Morgan, Clerk