Opinion
DOCKET NO. TP 13-00534
05-28-2013
IN THE MATTER OF EDDIE ORTIZ, PETITIONER, v. CHARLES KELLY, JR., SUPERINTENDENT, MARCY CORRECTIONAL FACILITY ND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS.
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 February 7, 2013,
Now, upon reading and filing the affidavit of Eddie Ortiz sworn to April 26, 2013, 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's brief is filed and served on or before June 27, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before August 1, 2013, and the Clerk is directed to accept the briefs for filing.
Frances E. Cafarell, Clerk