Opinion
Motion No: TP 11-01700
03-12-2012
IN THE MATTER OF VICTOR MEDINA, PETITIONER, v. WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for an extension of time to file and serve a brief on 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 Oneida on July 11, 2011, and for other relief,
Now, upon reading and filing the affidavit of Victor Medina sworn to February 22, 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 insofar as it seeks to vacate dismissal of this proceeding is granted to the extent that the ordering paragraph of the order of this Court entered February 1, 2012, is hereby amended by deleting the date April 2, 2012, and inserting in its place the date May 2, 2012, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and
It is further ORDERED that, in the event petitioner timely files and serves his brief, respondent's brief shall be filed and served on or before June 6, 2012, and the Clerk is directed to accept the brief for filing.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk