| IN THE MATTER OF DEREK PERKINS V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND BRIAN FISCHER |
| Motion No: TP 08-00717 |
| Slip Opinion No: 2008 NYSlipOp 79149(U) |
| Decided on July 30, 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, LUNN, GREEN, AND GORSKI, JJ.
DOCKET NO. TP 08-00717
| IN THE MATTER OF DEREK PERKINS, 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 an extension of time to file and serve a reply 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 Erie on April 3, 2008,
Now, upon reading and filing the affidavit of Derek Perkins sworn to July 14, 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 reply brief is filed and served on or before August 20, 2008, and the Clerk is directed to accept the reply brief for filing.
Entered: July 30, 2008
JoAnn M. Wahl, Clerk