Opinion
DOCKET NO. TP 16-00260
05-24-2016
IN THE MATTER OF SHAWN AVERY, PETITIONER, v. ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.
PRESENT:
Respondent having moved to supplement their answer and return with a complete transcript of the hearing at issue in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 18, 2016, and having moved for an extension of time to file and serve a respondent's brief,
Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq., dated May 3, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to supplement the answer and return to include a complete copy of the hearing transcript is granted, and respondent shall file and serve the amended answer on or before, June 8, 2016, and
It is further ORDERED that petitioner may file and serve 10 copies of a supplemental brief in accordance with this Court's rules, on or before July 8, 2016, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted, and respondent shall filed and serve its brief on or before August 8, 2016.
Entered: May 24, 2016
Frances E. Cafarell, Clerk