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

KA 11-01376
Indictment No: 2010-1915

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICARDO MC CRAY, ALSO KNOWN AS "MURDER," ALSO KNOWN AS "MURDER MATT," ALSO KNOWN AS "MATT," ALSO KNOWN AS "MAC," DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to file and serve a supplemental brief on the appeal taken from a judgment of the Erie County Court, rendered June 2, 2011, and for other relief, respondent having moved for an extension of time to file and serve a brief,

Now upon reading and filing the affidavit of Susan C. Ministero, Esq. sworn to February 5, 2014, the affidavit of Donna A. Milling, Esq. sworn to January 28, 2014, the notices of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 7, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of appellant is granted to the extent that the brief filed on November 29, 2013 is deemed stricken, and

It is further ORDERED that appellant shall file 10 copies of a replacement brief, with proof of service of one copy on each opposing party on the appeal, on or before March 18, 2014, and

It is further ORDERED that the motion of respondent is granted, and respondent shall file a brief, if any, on or before April 17, 2014, and

It is further ORDERED that appellant shall file a reply brief, if any, on or before May 2, 2014, and

It is further ORDERED that the appeal is removed from the calendar for the term of this Court commencing on May 19, 2014, and

It is further ORDERED that the appeal shall be added to the calendar for the term of this Court commencing on September 2, 2014.

Entered: March 3, 2014

Frances E. Cafarell, Clerk