| THE PEOPLE V ELLIOTT I. JAMES |
| Motion No: KA 14-01613 |
| Slip Opinion No: 2015 NY Slip Op 92332(U) |
| Decided on December 1, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 14-01613
Indictment No: 08-175
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELLIOTT I.
JAMES, DEFENDANT-APPELLANT. |
Appellate counsel having moved to withdraw the appellant's brief for the appeal taken from a resentence of Cattaraugus County Court, rendered August 11, 2014, filed with the Court on October 21, 2015, and respondent having moved for an extension of time to file and serve a brief for said appeal,
Now, upon reading and filing the affirmation of Alan Williams, Esq. dated November 2, 2015, the affidavit of Lori Pettit Rieman, Esq. sworn to November 10, 2015, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and appellant's brief is deemed withdrawn, and
It is further ORDERED that appellate counsel shall file and serve a brief on or before December 16, 2015, and
It is further ORDERED that respondent shall file and serve a brief on or before January 15, 2016, and
It is further ORDERED that appellate counsel shall file and serve a reply brief on or before February 1, 2016.
Entered: December 1, 2015
Frances E. Cafarell, Clerk