Matter of Midgette v New York State Division of Parole
Motion No: 2009-02213
Slip Opinion No: 2009 NY Slip Op 90002(U)
Decided on December 1, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95261

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-02213

In the Matter of Tyrone Midgette, respondent,

v New York State Division of Parole, appellant.

(Index No. 4293/08)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 7, 2009.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the respondent's brief which was submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until December 22, 2009, and the reply brief, if any, must be served and filed on or before that date.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court