Opinion
DOCKET NO. TP 13-01806
03-25-2014
IN THE MATTER OF WILLIE JAMES, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 27, 2013,
Now, upon reading and filing the affidavit of Willie James sworn to February 25, 2014, 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 petitioner files and serves his brief on or before April 24, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before May 29, 2014, and the Clerk is directed to accept the brief for filing.
Frances E. Cafarell, Clerk