People v Tyon Smith

Motion No: 107314

Slip Opinion No: 2018 NY Slip Op 85467(U)

Decided on October 4, 2018

Appellate Division, Third 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.

Decided and Entered: October 4, 2018 107314

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THE PEOPLE OF THE STATE OF NEW YORK,                      
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
TYON SMITH,
                                                       Appellant.
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Motion for summary reversal or remand for a hearing or for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is

ORDERED that the motion for summary reversal is denied, and it is further

ORDERED that the motion to remand for a hearing is denied without prejudice to a motion being made in the court of original instance, on or before October 11, 2018, to settle the record, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, and the time is extended to December 3, 2018.
Egan Jr., J.P., Clark, Mulvey and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court