Opinion
KA 17-01960 Indictment No: 2015-01550
11-15-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BERNARD BROOKS, DEFENDANT-APPELLANT.
PRESENT:
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