THE PEOPLE EX REL., JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 12-00565
Slip Opinion No: 2013 NY Slip Op 68772(U)
Decided on March 25, 2013
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.


March 25, 2013

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

KAH 12-00565
Index No: 2011-0861

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

JAMES SMITH, PETITIONER-APPELLANT,

V

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN 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, Cayuga County entered December 21, 2011,

Now, upon reading and filing the affirmation of Frank Brady, Esq. dated March 11, 2013, 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 May 6, 2013, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to May 21, 2013.

Entered: March 25, 2013

Frances E. Cafarell, Clerk