Wingate v. Gives

Full title: Wingate v. Gives, et al

Court: United States District Court, S.D. New York

Date published: Sep 6, 2005

No. 05 Civ. 1872 (LAK)(DF) (S.D.N.Y. Sep. 6, 2005)

Opinion

No. 05 Civ. 1872 (LAK)(DF).

September 6, 2005

ELIOT SPITZER, Attorney General.

RICHARD RIFKIN Deputy Attorney General State Counsel Division.

JAMES B. HENLY Assistant Attorney General in Charge Litigation Bureau.

Blake Wingate, plaintiff pro se.

LEWIS KAPLAN, District Judge

Dear Judge Kaplan:

I am an Assistant Attorney General in the Office of Eliot Spitzer, Attorney General of the State of New York, counsel for defendant Alan Croce, Commissioner of the State Commission of Correction. I am writing respectfully to request an extension of time for defendant to answer or otherwise move with respect to the above-captioned complaint, up to and including September 23, 2005. Defendant Croce was served with a copy of the complaint on August 12, 2005, making his responsive pleading due by September 2, 2005.

However, one of the other defendants named on the complaint, Commissioner Glenn Goord of the New York State Department of Correctional Services, has not yet been served with a copy of the complaint. Nevertheless, the Office of the Attorney General anticipate that we will be representing Commissioner Goord as well, if and when he is properly served. In the interest of judicial economy, I respectfully request the extension of time in order to afford plaintiff the opportunity to serve Commissioner Goord and defendants to make one answer or motion on behalf of both Commissioners Croce and Goord. By making this request on behalf of Commissioner Croce, I am not waiving any rights that Commissioner Goord, who has not yet been served may have, such as the right to assert the defense of lack of personal jurisdiction. This is the defendant's first request for an extension of time. Plaintiff has not been consulted because of the difficulties in communicating with pro se inmates.

The reason for the extension request until September 23, 2005 is to allow the Office of the Attorney General to make the appropriate representation determinations for both of the state defendants named under the New York Public Officers' Law § 17 and to file an appropriate responsive pleading once Commissioner Goord has been properly served. I thank the Court for its consideration in this matter.

SO ORDERED.