| THE PEOPLE V HARRY N. FOMBY |
| Motion No: KA 11-01056 |
| Slip Opinion No: 2012 NY Slip Op 85441(U) |
| Decided on September 24, 2012 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-01056
Indictment No: 99-0168
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V HARRY N. FOMBY, DEFENDANT-APPELLANT. |
Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a resentence of Supreme Court, Erie County rendered March 28, 2011,
Now, upon reading and filing the affidavit of Donna A. Milling, Esq. sworn to September 5, 2012, the notice of motion with proof of service thereof, the statement of Karen Russo-McLaughlin, Esq. dated September 6, 2012, 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 October 24, 2012, and
It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to November 8, 2012.
Entered: September 24, 2012
Frances E. Cafarell, Clerk