THE PEOPLE V DERRELL AUSTIN
Motion No: Indictment No: 95-0148-001
Slip Opinion No: 2018 NY Slip Op 82020(U)
Decided on August 30, 2018
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.


August 30, 2018

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

Indictment No: 95-0148-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DERRELL AUSTIN, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Erie County Court, entered March 16, 2017,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated August 13, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated August 17, 2018, 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 May 21, 2018 is hereby amended by striking therefrom the date August 20, 2018 and inserting in place thereof the date November 28, 2018.

Entered: August 30, 2018

Mark W. Bennett, Clerk