| MATTER OF ITALO DIXON V GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 07-01001 |
| Slip Opinion No: 2007 NYSlipOp 84252(U) |
| Decided on November 19, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: HURLBUTT, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.
DOCKET NO. TP 07-01001
| MATTER OF ITALO DIXON, PETITIONER, V GLENN S. GOORD,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on March 8, 2007,
Now, upon reading and filing the affirmation of Martin A. Hotvet dated
October 25, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before December 10, 2007, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before December 28, 2007, and
It is further ORDERED that the proceeding is hereby removed from the November 28, 2007 day calendar of this Court and added to the calendar for the term of this Court commencing February 19, 2008.
Entered: November 19, 2007
JoAnn M. Wahl, Clerk