Opinion
Motion No: 524786
10-02-2017
In the Matter of ERICK ALLEN, Appellant, v. BRUCE YELICH, Superintendent, Bare Hill Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal as moot or, in the alternative, for extension of time to file and serve brief of respondent.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal as moot is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the motion for an extension of time to file and serve the respondent's brief is granted, without costs, and the brief is deemed timely filed and served. The reply brief, if any, shall be filed and served on or before October 17, 2017.
Peters, P.J., Lynch, Rose and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court