Smart was transferred to New York to serve her life sentence because New Hampshire has no maximum security facilities for women. She sued New York in 2006, claiming a guard at Bedford Hills sexually assaulted her in her cell and took suggestive photos, which were later published in the National Enquirer.

Lawyers for the state wrote a federal judge, asking for a two-month postponement, the New York Daily News reported. The delay is to consider a settlement offer from Smart's attorney.

Smart has acknowledged having an affair with William Flynn, who was 15 at the time he killed her husband. She denies participating in her husband's killing.

Writer Joyce Maynard based a novel, "To Die For," on the case. The movie starred Nicole Kidman as an aspiring TV reporter and teacher.