Opinion
Motion No: KAH 13-00519 Index No: 2012-0705
12-23-2013
THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID F. TUSZYNSKI, PETITIONER-APPELLANT, v. SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a memorandum decision and order of Supreme Court, Cayuga County entered October 29, 2012,
Now upon reading and filing the affidavit of David F. Tuszynski sworn to November 25, 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 to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 22, 2014, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before February 6, 2014.
Frances E. Cafarell, Clerk