| IN THE MATTER OF DAVID RHODES V JOHN B. LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 08-00759 |
| Slip Opinion No: 2008 NYSlipOp 75262(U) |
| Decided on June 18, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-00759
| IN THE MATTER OF DAVID RHODES, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, FIVE POINTS 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 Supreme Court entered in the Office of the Clerk of the County of Seneca on April 4, 2008,
Now, upon reading and filing the affidavit of David Rhodes sworn to May 29, 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 July 18, 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 August 22, 2008.
Entered: June 18, 2008
JoAnn M. Wahl, Clerk