THE PEOPLE EX REL. CHRIS APPLEWHITE V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 10-00962
Slip Opinion No: 2011 NY Slip Op 77706(U)
Decided on July 5, 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.


July 5, 2011

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ.

KAH 10-00962
Index No: 2009-0985

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

CHRIS APPLEWHITE, PETITIONER-APPELLANT,

V

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from an order of the Supreme Court, Cayuga County entered March 4, 2010,

Now upon reading and filing the affidavit of Kathleen Walsh Infanti, Esq. sworn to June 9, 2011, the notice of motion with proof of service thereof, the statement of Chris Applewhite dated June 14, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before August 4, 2011, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before August 19, 2011.

Entered: July 5, 2011

Patricia L. Morgan, Clerk