| THE PEOPLE V JOSUE ENCARNACION |
| Motion No: KA 16-01321 |
| Slip Opinion No: 2017 NY Slip Op 84603(U) |
| Decided on August 29, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-01321
Indictment No: 85-1017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSUE
ENCARNACION, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County, dated June 6, 2016 and entered June 7, 2016,
Now, upon reading and filing the affirmation of Nicholas P. DiFonzo, Esq. dated August 9, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated August 14, 2017, 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 June 12, 2017 is hereby amended by striking therefrom the date August 11, 2017 and inserting in place thereof the date October 30, 2017.
Entered: August 29, 2017
Frances E. Cafarell, Clerk