THE PEOPLE V DEREK MCIVER Indictment No: 5863
Motion No: KA 09-00489
Slip Opinion No: 2010 NY Slip Op 68394(U)
Decided on April 8, 2010
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.


April 8, 2010

PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND PINE, JJ.

KA 09-00489

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DEREK MCIVER, DEFENDANT-APPELLANT.

Indictment No: 5863


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Wyoming County Court, rendered December 16, 2008,

Now upon reading and filing the affidavit of Derek McIver sworn to February 21, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before May 24, 2010,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before June 14, 2010.

Entered: April 8, 2010

Patricia L. Morgan, Clerk