THE PEOPLE V THOMAS CLAYTON
Motion No: KA 18-01340
Slip Opinion No: 2019 NY Slip Op 62795(U)
Decided on January 8, 2019
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.


January 8, 2019

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

KA 18-01340
Indictment No: 2005-0378

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS CLAYTON, DEFENDANT-APPELLANT.


Respondent having moved for permission to file an oversized brief on the appeal taken from a judgment of Steuben County Court, rendered April 24, 2017, and for an adjournment of the appeal,

Now, upon reading and filing the affidavit of Susan Rider-Ulacco, Esq., sworn to December 4, 2018, notice of motion with proof of service thereof, the affirmation of Brian Shiffrin, Esq., dated December 10, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the time to file and serve a respondent's brief is extended to February 7, 2018, and

It is further ORDERED that the motion is granted, and respondent is permitted to file an oversized brief containing 35,260 words, and

It is further ORDERED that the motion is granted to the extent that the appeal is removed from the calendar for the term of this Court commencing on February 19, 2019, and

It is further ORDERED that the appeal shall be added to the calendar for the term of this Court commencing on April 1, 2019.

Entered: January 8, 2019

Mark W. Bennett, Clerk