THE PEOPLE V ROGER W. BARTO
Motion No: KA 15-01774
Slip Opinion No: 2016 NY Slip Op 66223(U)
Decided on February 26, 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 26, 2016

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

KA 15-01774
Indictment No: 14-085

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROGER W. BARTO, DEFENDANT-APPELLANT.


Respondent having moved to strike the record on appeal submitted by appellant on the appeal taken from a judgment of Seneca County Court, rendered October 13, 2015, and for other relief,

Now, upon reading and filing the affirmation of Barry Porsch, Esq. dated January 25, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike the record on appeal is denied, and

It is further ORDERED that counsel for appellant is directed to file with the Court the original exhibits for the appeal and to file and serve a demand for exhibits pursuant to 22 NYCRR 1000.4 (g) (3), as necessary, and

If is further ORDERED that the time to file and serve a respondent's brief is extended to March 28, 2016, and

It is further ORDERED that the time to file and serve a reply brief is extended to April 12, 2016.

Entered: February 26, 2016

Frances E. Cafarell, Clerk