| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 08-00785 |
| Slip Opinion No: 2009 NY Slip Op 86627(U) |
| Decided on October 21, 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: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.
DOCKET NO. CA 08-00785
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 24, 2008,
Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to September 29, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kathleen M. Arnold dated October 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the reply brief is accepted for filing, and
It is further ORDERED that the Addenda and all references thereto are hereby deemed stricken from the reply brief.
Entered: October 21, 2009
Patricia L. Morgan, Clerk