THE PEOPLE EX REL., DAVID P. HARRINGTON V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY
Motion No: KAH 11-02184
Slip Opinion No: 2012 NY Slip Op 82948(U)
Decided on August 27, 2012
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.


August 27, 2012

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

KAH 11-02184
Index No: 2011-02345

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

DAVID P. HARRINGTON, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a memorandum decision and order of Supreme Court, Erie County entered September 16, 2011,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq. dated August 13, 2012, 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, and the time to file and serve a respondent's brief is extended to October 9, 2012, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to October 24, 2012.

Entered: August 27, 2012

Frances E. Cafarell, Clerk