| MATTER OF OLIVER RICHARDSON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 07-02021 |
| Slip Opinion No: 2007 NYSlipOp 86993(U) |
| Decided on December 18, 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: SCUDDER, P.J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.
DOCKET NO. TP 07-02021
| MATTER OF OLIVER RICHARDSON, PETITIONER, V BRIAN FISCHER,
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 Wyoming on October 2, 2007,
Now, upon reading and filing the affirmation of Marcus J. Mastracco dated
December 3, 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 January 25, 2008, 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 February 11, 2008.
Entered: December 18, 2007
JoAnn M. Wahl, Clerk