THE PEOPLE V DALE R. RIGBY
Motion No: KA 11-01661
Slip Opinion No: 2012 NY Slip Op 91930(U)
Decided on November 29, 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.


November 29, 2012

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

KA 11-01661
Indictment No: 2009-098

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DALE R. RIGBY, 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 Cayuga County Court, rendered April 6, 2010, and for other relief,

Now upon reading and filing the affidavit of Dale R. Rigby sworn to October 18, 2012, 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 December 27, 2012, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before January 14, 2013, and

It is further ORDERED that the motion is otherwise denied.

Entered: November 29, 2012

Frances E. Cafarell, Clerk