| THE PEOPLE EX REL. JUAN CANDELARIA V ROBERT KIRKPATRICK, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY |
| Motion No: KAH 08-01459 |
| Slip Opinion No: 2009 NY Slip Op 84758(U) |
| Decided on September 30, 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.
KAH 08-01459
Index No: 2008-2455
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JUAN CANDELARIA,
PETITIONER-APPELLANT, V ROBERT KIRKPATRICK, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Erie County, entered March 10, 2008, and for other relief,
Now upon reading and filing the affidavit of Juan Candelaria sworn to July 9, 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 to the extent that appellant shall file a pro se response and/or pro se supplemental brief and one copy of said document, with proof of service of one copy on assigned counsel and the Attorney General on or before October 30, 2009,
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before November 19, 2009, and,
It is further ORDERED that the motion is otherwise denied.
Entered: September 30, 2009
Patricia L. Morgan, Clerk