THE PEOPLE V JONATHAN BENTON and TIMOTHY JONES
Motion No: KA 10-605 and KA 10-332
Slip Opinion No: 2010 NY Slip Op 70503(U)
Decided on May 4, 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.


May 4, 2010

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

KA 10-605 and KA 10-332
Indictment No: 2002-2008

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

JONATHAN BENTON and TIMOTHY JONES, DEFENDANTS-RESPONDENTS.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a decision and order of Supreme Court, Erie County, entered November 4, 2009,

Now, upon reading and filing the affidavit of Susan Ministero, Esq., sworn to April 14, 2010, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated April 15, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the time to file and serve a respondent's brief is extended to July 1, 2010, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to July 16, 2010.

Entered: May 4, 2010

Patricia L. Morgan, Clerk