STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA

_____________________________________________

NEW YORK STATE HIGHER

EDUCATION SERVICES CORPORATION

Plaintiff,

VS INDEX #H-09652

DAVID E. SINGER

Defendant.

_____________________________________________

SOLOMON AND SOLOMON, P.C.

(Douglas M. Fisher, Esq.

of Counsel) for Plaintiff

DAVID E. SINGER, Pro Se

DECISION and ORDER

GERACE, J.

The plaintiff moves for judgment pursuant to Section

3215(c) of the CPLR, claiming the delay is justifiable

because defendant was under a disability review which was

ultimately denied.

On the return date, defendant furnished papers

purporting to show he is deemed to be 100% disabled.

Because copies of these papers presumably have not

been furnished to plaintiff, the Court hereby adjourns

this motion to March 18 1996, at 9:30 a.m., for a reply

affidavit or response from plaintiff.

So Ordered.

Dated: January , 1996

Mayville, New York

_________________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1996, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.