| THE PEOPLE V COLBY FOSS, III |
| Motion No: KA 09-02127 |
| Slip Opinion No: 2010 NY Slip Op 90216(U) |
| Decided on December 6, 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. |
PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ.
KA 09-02127
Indictment No: 2004-306
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V COLBY FOSS,
III, DEFENDANT-APPELLANT. |
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 Niagara County Court, rendered June 1, 2005, and for other relief,
Now upon reading and filing the affidavits of Colby Foss, III sworn to October 6, 2010 and November 29, 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 January 5, 2011,
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before January 21, 2011, and
It is further ORDERED that the motion is otherwise denied.
Entered: December 6, 2010
Patricia L. Morgan, Clerk