IN THE MATTER OF HECTOR AROCHO V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 08-00643
Slip Opinion No: 2008 NYSlipOp 72211(U)
Decided on May 12, 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.


May 12, 2008

PRESENT: SMITH, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.

DOCKET NO. TP 08-00643

IN THE MATTER OF HECTOR AROCHO, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, 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 Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 24, 2008,

Now, upon reading and filing the statement of Hector Arocho dated April 21, 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 23, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's briefs shall be filed and served on or before July 28, 2008.

Entered: May 12, 2008

JoAnn M. Wahl, Clerk