| THE PEOPLE V DEMARIO SMITH |
| Motion No: KA 14-00968 |
| Slip Opinion No: 2015 NY Slip Op 92337(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 14-00968
Indictment No: 2012-01001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMARIO SMITH,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 22, 2013,
Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated November 9, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated November 13, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered September 9, 2015 is hereby amended by striking therefrom the date November 9, 2015 and inserting in place thereof the date February 1, 2016.
Entered: December 1, 2015
Frances E. Cafarell, Clerk