IN THE MATTER OF JONATHAN BRYANT V ROBERT A. KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY
Motion No: TP 08-00425
Slip Opinion No: 2008 NYSlipOp 66196(U)
Decided on March 11, 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.


March 11, 2008

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

DOCKET NO. TP 08-00425

IN THE MATTER OF JONATHAN BRYANT, PETITIONER,

V

ROBERT A. KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL

FACILITY, RESPONDENT.


Petitioner 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 Erie County Court entered in the Office of the Clerk of the County of Erie on June 6, 2007,

Now, upon reading and filing the affidavit of Jonathan Bryant sworn to

February 20, 2008, 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 June 10, 2008, 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 July 15, 2008.

Entered: March 11, 2008

JoAnn M. Wahl, Clerk