MATTER OF JOSEPH GRAY V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY
Motion No: CA 07-01353
Slip Opinion No: 2008 NYSlipOp 78566(U)
Decided on July 21, 2008
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.


July 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-01353

MATTER OF JOSEPH GRAY, PETITIONER-APPELLANT,

V

ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 12, 2007,

Now, upon reading and filing the affirmation of Peter H. Schiff dated July 7, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before August 18, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 2, 2008.

Entered: July 21, 2008

JoAnn M. Wahl, Clerk