THE PEOPLE V ANTOINE GARNER
Motion No: KA 13-01528 and KA 14-00459
Slip Opinion No: 2016 NY Slip Op 65321(U)
Decided on February 23, 2016
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.


February 23, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 13-01528 and KA 14-00459
Indictment Nos: 2011-01596 and 2011-01721

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANTOINE GARNER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgments of Erie County Court, rendered May 14, 2013,

Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated February 5, 2016, the notice of motion with proof of service thereof, the statement of Michael J. Hillery, Esq. dated February 11, 2016, 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 December 7, 2015 is hereby amended by striking therefrom the date February 5, 2016 and inserting in place thereof the date April 25, 2016.

Entered: February 23, 2016

Frances E. Cafarell, Clerk