| IN THE MATTER OF ALPHONSE SIMMONS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-01615 |
| Slip Opinion No: 2010 NY Slip Op 82466(U) |
| Decided on September 15, 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. |
PRESENT: MARTOCHE, J. P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 09-01615
| IN THE MATTER OF ALPHONSE SIMMONS, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2009,
Now, upon reading and filing the statement of Alphonso Simmons dated August 10, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before September 30, 2010, and the Clerk is directed to accept the brief for filing.
Entered: September 15, 2010
Patricia L. Morgan, Clerk