| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 08-00789 AND CA 09-00965 |
| Slip Opinion No: 2009 NY Slip Op 81577(U) |
| Decided on August 25, 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.
DOCKET NOS. CA 08-00789 AND CA 09-00965
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the appeals taken from judgments of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 26, 2008 and October 9, 2008,
Now, upon reading and filing the affirmation of Frank Brady dated August 5, 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 September 21, 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 October 6, 2009.
Entered: August 25, 2009
Patricia L. Morgan, Clerk