| PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 07-00986 |
| Slip Opinion No: 2009 NYSlipOp 63476(U) |
| Decided on February 9, 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.
KAH 07-00986
Index No: 941-2006
| PEOPLE OF THE STATE OF NEW YORK EX REL., VARREL MITCHELL,
PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from an order of Supreme Court, Livingston County, entered November 22, 2006,
Now, upon reading and filing the affirmation of Julie A. Mereson, dated January 23, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Varrel Mitchell, sworn to January 28, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a respondent's brief is extended to February 26, 2009, and
It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to March 13, 2009.
Entered: February 9, 2009
JoAnn M. Wahl, Clerk