Opinion
KAH 16-00853 Index No: 15-42941
12-04-2017
THE PEOPLE OF THE STATE OF NEW YORK EX REL., JASMINE VALENTIN, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND SHERYL ZENZEN, SUPERINTENDENT, ALBION CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.
PRESENT:
Respondent having moved to dismiss the appeal taken from an order of Supreme Court, Orleans County, entered February 11, 2016, on the ground that the appeal is moot and for other relief,
Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq. dated October 26, 2017, the notice of motion with proof of service thereof, the affirmation of Benjamin L. Nelson, Esq. dated November 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks the dismissal of the appeal on the ground of mootness is denied without prejudice and with leave to renew the arguments made in support and in opposition to this motion at oral argument and in the parties' briefs, and
It is hereby ORDERED that the motion is otherwise granted to the extent that respondent's brief is extended to January 3, 2018, and
It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to January 18, 2018.
Entered: December 4, 2017
Mark W. Bennett, Clerk