Opinion
Motion No: 523699
03-16-2017
In the Matter of ENRIQUE GUZMAN, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to use original papers from court below.
Motion for preference for earlier term.
Motion for extension of time to perfect proceeding.
Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for permission to use the original papers from the court below is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth sufficient facts so that petitioner's indigence and the merit to the contentions underlying the proceeding can be ascertained, as required by CPLR 1101 (a), and it is further
ORDERED that the motion for a preference for an earlier term is denied, without costs, and without prejudice to renewal upon perfection of the proceeding, and it is further
ORDERED that the motion for an extension of time to perfect the proceeding is granted, without costs, and the time to perfect the proceeding is extended to May 15, 2017.
Peters, P.J., Garry, Mulvey and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court