ELLIOT MARKOWITZ, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 105735.)
Motion No: CA 07-01977
Slip Opinion No: 2008 NYSlipOp 91687(U)
Decided on December 9, 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.


December 9, 2008

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

DOCKET NO. CA 07-01977

ELLIOT MARKOWITZ, CLAIMANT-RESPONDENT,

V

STATE OF NEW YORK, DEFENDANT-APPELLANT.

(CLAIM NO. 105735.)


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on August 31, 2007,

Now, upon reading and filing the affirmation of Alexander J. Wulwick dated November 3, 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 January 7, 2009, 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 January 22, 2009.

Entered: December 9, 2008

JoAnn M. Wahl, Clerk