| THE PEOPLE V BERNARD BROOKS |
| Motion No: KA 17-01960 |
| Slip Opinion No: 2017 NY Slip Op 92323(U) |
| Decided on November 15, 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 17-01960
Indictment No: 2015-01550
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BERNARD
BROOKS, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered March 27, 2017,
Now, upon reading and filing the affirmation of James P. Davis, Esq. dated October 24, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary inasmuch as the Erie District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: November 15, 2017
Mark W. Bennett, Clerk