| IN THE MATTER OF NORMAN FERGUSON V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND BRIAN |
| Motion No: TP 07-02710 |
| Slip Opinion No: 2008 NYSlipOp 72770(U) |
| Decided on May 20, 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. |
PRESENT: SMITH, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.
DOCKET NO. TP 07-02710
| IN THE MATTER OF NORMAN FERGUSON, PETITIONER, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, RESPONDENTS. |
Petitioner having moved for permission to file a supplemental brief in 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 20, 2007, and respondents having cross-moved for an extension of time to file and serve their brief,
Now, upon reading and filing the affidavit of Norman Ferguson sworn to April 30, 2008, the notice of motion with proof of service thereof, the affirmation of Frank Brady dated May 7, 2008, the notice of cross 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 supplemental brief is filed and served on or before June 19, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that the respondent's brief is filed and served on or before July 18, 2008, and the Clerk is directed to accept the brief for filing.
Entered: May 20, 2008
JoAnn M. Wahl, Clerk