MATTER OF MARCUS JOHNSON V WILLIAM CONNOLLY, SUPERINTENDENT, FISHKILL CORRECTIONAL FACILITY AND SUZETTE PETTOROSSI
Motion No: TP 07-02618
Slip Opinion No: 2008 NYSlipOp 64966(U)
Decided on February 25, 2008
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.


February 25, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 07-02618

MATTER OF MARCUS JOHNSON, PETITIONER,

V

WILLIAM CONNOLLY, SUPERINTENDENT, FISHKILL CORRECTIONAL

FACILITY AND SUZETTE PETTOROSSI, STEWARD, FISHKILL

CORRECTIONAL FACILITY, RESPONDENTS.


Respondents 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 Erie on December 12, 2007,

Now, upon reading and filing the affirmation of Peter H. Schiff dated February 11, 2008, the notice of motion with proof of service thereof, the opposing statement of Marcus Johnson dated February 19, 2008, 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 April 3, 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 April 18, 2008.

Entered: February 25, 2008

JoAnn M. Wahl, Clerk