KEITH MCDAY, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 116701.)
Motion No: CA 10-02170
Slip Opinion No: 2011 NY Slip Op 69207(U)
Decided on April 6, 2011
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.


April 6, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-02170

KEITH MCDAY, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 116701.)


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said Court on July 1, 2010,

Now, upon reading and filing the affirmation of Kathleen M. Arnold, Esq. dated February 23, 2011, 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 brief is filed and served on or before April 18, 2011, 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 May 3, 2011.

Entered: April 6, 2011

Patricia L. Morgan, Clerk