PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01444

THOMAS W. DECKMAN, CLAIMANT-APPELLANT-RESPONDENT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT-APPELLANT. (CLAIM NO. 107175.)

Defendant having moved for an extension of time to perfect its cross appeal and to file and serve a brief on the appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on October 4, 2010,

Now, upon reading and filing the affirmation of Kathleen M. Arnold, Esq., dated December 19, 2011, the notice of motion with proof of service thereof, and the affidavit of Ronald J. Wright, Esq., sworn to December 23, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal is granted to the extent that the ordering paragraph of the order of this Court entered October 4, 2011, is hereby amended by deleting the date December 23, 2011, and inserting in its place the date February 3, 2012, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on the condition that the brief is filed and served on or before February 3, 2012, 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 February 21, 2012.

Memorandum: No further extensions of time to perfect defendant's cross appeal will be granted.

Entered: January 4, 2012

Frances E. Cafarell, Clerk