| DAVID M. SMITH AND CHRISTINE L. SMITH, CLAIMANTS- V STATE OF NEW YORK |
| Motion No: CA 08-00696 AND CA 08-01705 |
| Slip Opinion No: 2009 NYSlipOp 60753(U) |
| Decided on January 12, 2009 |
| 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00696 AND CA 08-01705
| DAVID M. SMITH AND CHRISTINE L. SMITH, CLAIMANTS-APPELLANTS,
V STATE OF NEW YORK, RESPONDENT-RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the appeals taken from orders of the Court of Claims entered in the Office of the Clerk of said court on March 14, 2008 and July 15, 2008,
Now, upon reading and filing the affidavit of Gerald D. D'Amelia sworn to December 22, 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 20, 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 February 4, 2009.
Entered: January 12, 2009
JoAnn M. Wahl, Clerk