THE PEOPLE EX REL., FRANK HARRIS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 08-01031
Slip Opinion No: 2009 NY Slip Op 85331(U)
Decided on October 5, 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.


October 5, 2009

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

KAH 08-01031
Index No: 2007-1429

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

FRANK HARRIS, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT, AUBURN 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 an order of the Supreme Court, Cayuga County, entered March 31, 2008,

Now upon reading and filing the affidavit of Frank Harris sworn to September 14, 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 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before November 4, 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.

Entered: October 5, 2009

Patricia L. Morgan, Clerk