IN THE MATTER OF THE STATE OF NEW YORK V STEVEN CHRISMAN, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 09-00630
Slip Opinion No: 2009 NY Slip Op 88356(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 09-00630

IN THE MATTER OF THE STATE OF NEW YORK,

PETITIONER-RESPONDENT,

V

STEVEN CHRISMAN, AN INMATE IN THE CUSTODY OF NEW YORK STATE

DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on December 15, 2008,

Now, upon reading and filing the affirmation of Frank K. Walsh dated October 26, 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 brief is filed and served on or before December 3, 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 18, 2009.

Entered: November 9, 2009

Patricia L. Morgan, Clerk