MATTER OF JAMES R. POPE, SR. V NEW YORK STATE DIVISION OF PAROLE
Motion No: TP 08-00188
Slip Opinion No: 2008 NYSlipOp 68301(U)
Decided on April 1, 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.


April 1, 2008

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, LUNN, AND PINE, JJ.

DOCKET NO. TP 08-00188

MATTER OF JAMES R. POPE, SR., PETITIONER,

V

NEW YORK STATE DIVISION OF PAROLE, RESPONDENT.


Appellant 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 Onondaga on August 22, 2007, and for other relief,

Now, upon reading and filing the statement of James Robert Pope, Sr. dated

February 26, 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 to the extent that appellant shall file and serve briefs on or before May 2, 2008 and, in the event of failure to so file and serve, the petition is hereby dismissed without further order, and the motion is otherwise denied, and.

It is further ORDERED that the proceeding is removed from the day calendar for

May 20, 2008, and

It is further ORDERED that the proceeding shall be added to the calendar for the term of this Court commencing September 8, 2008.

Entered: April 1, 2008

JoAnn M. Wahl, Clerk