| IN THE MATTER OF NEW YORK STATE COMMISSION OF CORRECTION V TIMOTHY B. HOWARD, INDIVIDUALLY AND IN HIS CAPACITY AS |
| Motion No: CA 10-01125 |
| Slip Opinion No: 2010 NY Slip Op 87655(U) |
| Decided on September 30, 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01125
| IN THE MATTER OF NEW YORK STATE COMMISSION OF
CORRECTION, PETITIONER-RESPONDENT, V TIMOTHY B. HOWARD, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF ERIE COUNTY,
RESPONDENT-APPELLANT. |
Respondent New York State Commission of Correction having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2010,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated September 10, 2010, the notice of motion with proof of service thereof, the affidavit of Kristen Klein Wheaton, Esq., sworn to September 23, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before November 4, 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 November 19, 2010.
Entered: September 30, 2010
Patricia L. Morgan, Clerk