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

KA 13-02164
Indictment No: 2013-0329-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MATTHEW ROACH, DEFENDANT-APPELLANT.

Counsel for appellant having moved to withdraw appellant's brief and appendix for the appeal taken from a judgment of the Supreme Court, Onondaga County, rendered September 20, 2013, and respondent having moved for an extension of time file and serve a brief for said appeal,

Now, upon reading and filing the affirmation of Piotr Banasiak, Esq. dated April 1, 2016, the notices of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated April 6, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of appellate counsel is granted, and the brief and appendix filed by appellate counsel are deemed withdrawn, and

It is further ORDERED that the brief and appendix shall be returned to appellate counsel, and

It is further ORDERED that appellate counsel shall file and serve a brief and appendix on or before May 20, 2016, and

It if further ORDERED that respondent shall file and serve a brief on or before June 30, 2016, and

It is further ORDERED that appellate counsel shall file and serve a reply brief on or before July 5, 2016, and

It is further ORDERED that the motion of respondent is dismissed as unnecessary.

Entered: April 20, 2016

Frances E. Cafarell, Clerk