NOCO ENERGY CORP., CLAIMANT- V STATE OF NEW YORK
Motion No: CA 08-00587
Slip Opinion No: 2009 NY Slip Op 72924(U)
Decided on May 19, 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 19, 2009

PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.

DOCKET NO. CA 08-00587

NOCO ENERGY CORP., CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


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

Now, upon reading and filing the affidavit of Michael G. Wolfgang and Edward J. Markarian sworn to April 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Michael S. Buskus dated May 7, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the reply brief may be filed and served on or before June 18, 2009, and the Clerk is directed to accept the reply brief for filing, and the motion is otherwise denied.

Entered: May 19, 2009

Patricia L. Morgan, Clerk