JOHN D. JUSTICE, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 114445.)
Motion No: CA 09-00449
Slip Opinion No: 2009 NY Slip Op 88345(U)
Decided on November 9, 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.


November 9, 2009

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

DOCKET NO. CA 09-00449

JOHN D. JUSTICE, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 114445.)


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Court of Claims entered in the Office of the Clerk of said Court on February 10, 2009,

Now, upon reading and filing the affirmation of Julie S. Mereson dated October 21, 2009, the notice of motion with proof of service thereof, the opposing statement of John D. Justice dated October 26, 2009, 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 brief is filed and served on or before November 23, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 8, 2009.

Entered: November 9, 2009

Patricia L. Morgan, Clerk