| IN THE MATTER OF JAMES WEST V JOHN B. LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN LAMONA, AND |
| Motion No: TP 08-00876 |
| Slip Opinion No: 2008 NYSlipOp 80135(U) |
| Decided on August 5, 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: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. TP 08-00876
| IN THE MATTER OF JAMES WEST, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN LAMONA, AND LIEUTENANT GINNINO,
RESPONDENTS. |
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 17, 2008,
Now, upon reading and filing the affidavit of James M. West sworn to July 17, 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 August 29, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs shall be filed and served on or before October 3, 2008, and
It is further ORDERED that the proceeding is hereby removed from the October 30, 2008 day calendar of this Court and added to the calendar for the term of this Court commencing December 1, 2008.
Entered: August 5, 2008
JoAnn M. Wahl, Clerk