THE PEOPLE EX REL., ROBERT CASS, - V SIBATU KHAHAIFA
Motion No: KAH 11-00458
Slip Opinion No: 2011 NY Slip Op 82992(U)
Decided on September 7, 2011
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 7, 2011

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE JJ.

KAH 11-00458
Indictment No: 10-37871

THE PEOPLE OF THE STATE OF NEW YORK EX REL., ROBERT CASS,

PETITIONER- RESPONDENT,

V

SIBATU KHAHAIFA, RESPONDENT-APPELLANT.


Appellant having moved to reschedule the oral argument of the appeal taken from an order of Supreme Court, Orleans County entered May 13, 2010,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq. dated July 29, 2011, the notice of motion with proof of service thereof, the affirmation of Martin P. McCarthy, II, Esq. dated August 1, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is removed from the day calendar of October 24, 2011, and,

It is further ORDERED that the appeal shall be added to the day calendar of October 20, 2011.

Entered: September 7, 2011

Patricia L. Morgan, Clerk