THE PEOPLE EX REL., FRANK HARRIS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, NEW YORK STATE
Motion No: KAH 08-01031
Slip Opinion No: 2009 NY Slip Op 85852(U)
Decided on October 13, 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 13, 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, NEW YORK STATE DEPARTMENT OF CORRECTIONAL

SERVICES, RESPONDENT-RESPONDENT.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from an order of Supreme Court, Cayuga County, entered March 31, 2008,

Now, upon reading and filing the affirmation of Frank Brady dated September 23, 2009, the notice of motion with proof of service thereof, the letter of Charles A. Marangola dated September 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a respondent's brief is extended to November 12, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to November 27, 2009.

Entered: October 13, 2009

Patricia L. Morgan, Clerk