| Dolberry v State of New York |
| Motion No: 2009-02228 |
| Slip Opinion No: 2009 NY Slip Op 92612(U) |
| Decided on December 29, 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. |
Appellate Division: Second Judicial Department
M96502
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-02228 Andre Dolberry, etc., appellant, v State of New York, respondent. (Motion No. M-75662)
| DECISION & ORDER ON MOTION |
Motion by the appellant to waive payment of the filing fee on an appeal from an order of the Court of Claims dated December 15, 2008, and to accept his brief for filing.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the filing fee is waived, and the appellant's brief submitted to the Clerk of the court is accepted for filing; and it is further,
ORDERED that the Clerk of the court or his designee shall subpoena the original papers constituting the original record in the above-entitled matter from the Court of Claims; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 25, 2010, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court