NOCO ENERGY CORP., CLAIMANT- V STATE OF NEW YORK
Motion No: CA 08-00587
Slip Opinion No: 2009 NYSlipOp 65637(U)
Decided on March 3, 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.


March 3, 2009

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

DOCKET NO. CA 08-00587

NOCO ENERGY CORP., CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from a judgment of the Court of Claims entered in the Office of the Clerk of said Court on February 11, 2008,

Now, upon reading and filing the affirmation of Michael S. Buskus dated February 17, 2009, the notice of motion with proof of service thereof, the affidavit of Edward J. Markarian sworn to February 19, 2009, 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 April 10, 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 April 27, 2009.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk