THE PEOPLE EX REL., UNIQUE SMITH V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
Motion No: KAH 12-02067
Slip Opinion No: 2013 NY Slip Op 84323(U)
Decided on September 3, 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.


September 3, 2013

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

KAH 12-02067
Indictment No: I-2012-1767

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

UNIQUE SMITH, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, ET AL., RESPONDENTS-RESPONDENTS.



Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from the decision and judgment of Supreme Court, Erie County entered August 6, 2012,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated August 14, 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 reply brief is extended to September 23, 2013.

Entered: September 3, 2013

Frances E. Cafarell, Clerk