Opinion
Motion No: TP 11-01795
10-04-2011
IN THE MATTER OF ALBERTO RODRIGUEZ, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, 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 Wyoming on August 30, 2011,
Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to September 16, 2011, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq., dated September 23, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before November 16, 2011, 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 December 21, 2011, and the Clerk is directed to accept the brief for filing.
Patricia L. Morgan, Clerk