IN THE MATTER OF THOMAS E. ROTHDIENER AND VITO CARBONE V STATE OF NEW YORK RACING AND WAGERING BOARD
Motion No: CA 09-01017
Slip Opinion No: 2009 NY Slip Op 76192(U)
Decided on June 22, 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.


June 22, 2009

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

DOCKET NO. CA 09-01017

IN THE MATTER OF THOMAS E. ROTHDIENER AND VITO CARBONE,

PETITIONERS-APPELLANTS,

V

STATE OF NEW YORK RACING AND WAGERING BOARD,

RESPONDENT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 27, 2009,

Now, upon reading and filing the affirmation of Kathleen M. Arnold dated June 3, 2009, 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 July 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 August 4, 2009.

Entered: June 22, 2009

Patricia L. Morgan, Clerk