Opinion
Motion No: CA 12-01504
01-07-2013
IN THE MATTER OF MICHAEL GONZALES, PETITIONER-APPELLANT, v. DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 10, 2012,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated December 14, 2012, and 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 on the condition that the brief is filed and served on or before February 4, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 19, 2013.
Frances E. Cafarell, Clerk