| 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 90205(U) |
| Decided on December 2, 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., CENTRA, CARNI, SCONIERS, GORSKI, 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. |
Appellant having moved for an extension of time to file and serve a reply 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 affidavit of Timothy W. Hoover, Esq. sworn to November 9, 2010, and 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 December 6, 2010, and the Clerk is directed to accept the brief for filing.
Entered: December 2, 2010
Patricia L. Morgan, Clerk