Shirley Turner Kinge - v State of New York -.

Motion No: 508782

Slip Opinion No: 2010 NY Slip Op 74128(U)

Decided on June 10, 2010

Appellate Division, Third 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.

Decided and Entered: June 10, 2010

Case # 508782

SHIRLEY TURNER KINGE, Respondent-Appellant, v STATE OF NEW YORK, Appellant-Respondent.

DECISION AND ORDER ON MOTION

Motion, pursuant to NYCRR 800.9 (e), to designate defendant as appellant and for extension of time to perfect appeal and cross appeal.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, without costs and defendant is directed to file and serve its brief on appeal first. The time to file and serve defendant's brief is extended to June 30, 2010. Claimant's brief, which shall also contain claimant's argument on the cross appeal, shall be filed and served on or before August 30, 2010. The reply briefs, if any, shall be filed and served in accordance with section 800.9 (e) of this Court's Rules of Practice.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court