| IN THE MATTER OF MARQUEZ MACK V TIMOTHY HOWARD, SHERIFF, ERIE COUNTY, MARK N. WIPPERMAN, UNDERSHERIFF, ERIE COUNTY, AND |
| Motion No: CA 11-00779 |
| Slip Opinion No: 2011 NY Slip Op 88067(U) |
| Decided on October 24, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00779
| IN THE MATTER OF MARQUEZ MACK, PETITIONER-APPELLANT, V
TIMOTHY HOWARD, SHERIFF, ERIE COUNTY, MARK N. WIPPERMAN, UNDERSHERIFF, ERIE COUNTY, AND CHERYL GREEN, ESQ., ERIE COUNTY ATTORNEY,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 3, 2011,
Now, upon reading and filing the affidavit of John Ned Lipsitz, Esq., sworn to October 7, 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 October 25, 2011, and the Clerk is directed to accept the brief for filing.
Entered: October 24, 2011
Patricia L. Morgan, Clerk