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 87228(U)
Decided on October 26, 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 26, 2009

PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, 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.


Appellant having moved for an extension of time to file and serve a reply 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 affidavit of Mitchell Kalwasinski sworn to September 29, 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 reply brief is filed and served on or before November 6, 2009, and the Clerk is directed to accept the brief for filing.

Entered: October 26, 2009

Patricia L. Morgan, Clerk