JULIE L. RUSHO AND WAYNE K. RUSHO, CLAIMANTS- V STATE OF NEW YORK
Motion No: CA 10-00138
Slip Opinion No: 2010 NY Slip Op 65923(U)
Decided on March 17, 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.


March 17, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 10-00138

JULIE L. RUSHO AND WAYNE K. RUSHO, CLAIMANTS-APPELLANTS,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.


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 March 31, 2009,

Now, upon reading and filing the affirmation of Marlene O. Tuczinski dated February 23, 2010, the notice of motion with proof of service thereof, the opposing affidavit of John A. Cirando sworn to March 1, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before March 26, 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 April 12, 2010.

Entered: March 17, 2010

Patricia L. Morgan, Clerk