MARK JOHNSON ALSO KNOWN AS WILLIAM UTSEY, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 105385)
Motion No: CA 09-02112
Slip Opinion No: 2010 NY Slip Op 62064(U)
Decided on January 25, 2010
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.


January 25, 2010

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

DOCKET NO. CA 09-02112

MARK JOHNSON ALSO KNOWN AS WILLIAM UTSEY,

CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 105385)


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 and entered in the Office of the Clerk of said Court on December 9, 2008,

Now, upon reading and filing the affirmation of Kathleen M. Treasure dated January 14, 2010, the notice of motion with proof of service thereof, the responding affirmation of Eileen Kaplan dated January 19, 2010, 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 March 19, 2010, 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 March 30, 2010.

Entered: January 25, 2010

Patricia L. Morgan, Clerk