IN THE MATTER OF JOSHUA MINIX V KEITH DUBRAY, DIRECTOR, DISCIPLINARY PROGRAMS, FIVE POINTS CORRECTIONAL FACILITY
Motion No: TP 08-00308
Slip Opinion No: 2008 NYSlipOp 80186(U)
Decided on August 13, 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.


August 13, 2008

PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, PINE, AND GORSKI, JJ.

DOCKET NO. TP 08-00308

IN THE MATTER OF JOSHUA MINIX, PETITIONER,

V

KEITH DUBRAY, DIRECTOR, DISCIPLINARY PROGRAMS, FIVE POINTS

CORRECTIONAL FACILITY, RESPONDENT.


Respondent 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 February 11, 2008,

Now, upon reading and filing the affirmation of Marcus J. Mastracco dated July 22, 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 September 8, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 23, 2008.

Entered: August 13, 2008

JoAnn M. Wahl, Clerk