People v Michael Hoffler

Motion No: #103277

Slip Opinion No: 2011 NY Slip Op 85469(U)

Decided on September 29, 2011

Appellate Division, Third 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.

Decided and Entered: September 29, 2011

Case #103277

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL HOFFLER, Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Cross motion to retain appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the motion to dismiss the appeal is denied, and it is further

ORDERED that the cross motion to retain the appeal is granted, and appellant shall file and serve a supplemental record on appeal, to include the order of Albany County Court and the notice of appeal dated September 23, 2011, on or before October 11, 2011. Respondent's brief shall be filed and served on or before October 21, 2011.
SPAIN, J.P., ROSE, LAHTINEN, GARRY and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court