ELBERT WELCH, CLAIMANT- V STATE OF NEW YORK (CLAIM NO. 113903.)
Motion No: CA 11-01784
Slip Opinion No: 2012 NY Slip Op 94149(U)
Decided on December 18, 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.


December 18, 2012

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

DOCKET NO. CA 11-01784

ELBERT WELCH, CLAIMANT-APPELLANT,

V

STATE OF NEW YORK, DEFENDANT-RESPONDENT.

(CLAIM NO. 113903.)


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 7, 2011,

Now, upon reading and filing the affirmation of Owen Demuth, Esq., dated December 3, 2012, the notice of motion with proof of service thereof, and the affidavit of Elbert Welch sworn to December 5, 2012, 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 January 14, 2013, 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 January 28, 2013.

Entered: December 18, 2012

Frances E. Cafarell, Clerk