STANLEY A. GIZOWSKI, CLAIMANT V STATE OF NEW YORK, .
Motion No: CA 08-01910
Slip Opinion No: 2009 NY Slip Op 71751(U)
Decided on May 4, 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.


May 4, 2009

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

DOCKET NO. CA 08-01910

STANLEY A. GIZOWSKI, CLAIMANT-RESPONDENT-APPELLANT,

V

STATE OF NEW YORK, RESPONDENT-APPELLANT-RESPONDENT.


Appellant-respondent having moved for an extension of time to file and serve a reply brief on the appeal and cross appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on July 10, 2008,

Now, upon reading and filing the affidavit of Paul J. Callahan sworn to April 21, 2009, the notice of motion with proof of service thereof, the affidavit of Samuel J. Capizzi sworn to April 27, 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 May 14, 2009, and the Clerk is directed to accept the reply brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before May 29, 2009.

Entered: May 4, 2009

Patricia L. Morgan, Clerk