Opinion
DOCKET NO. TP 12-01314
09-25-2012
IN THE MATTER OF MANUEL MALDONADO, PETITIONER, v. WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to proceed as a poor person, assignment of counsel, and an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 24, 2012,
Now, upon reading and filing the affidavits of Manuel Maldonado sworn to September 3, 2012, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated September 14, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on the condition that the petitioner files and serves the brief on or before October 26, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before November 29, 2012, and the Clerk is directed to accept the brief for filing.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk