IN THE MATTER OF WAHEEM ALLAH V TIM HODSON, COUNSELOR, LT. GIANNO, HEARING OFFICER, J. LAMANNA, APPEAL REVIEW OFFICER
Motion No: TP 08-01457
Slip Opinion No: 2008 NYSlipOp 82905(U)
Decided on September 8, 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.


September 8, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 08-01457

IN THE MATTER OF WAHEEM ALLAH, PETITIONER,

V

TIM HODSON, COUNSELOR, LT. GIANNO, HEARING OFFICER,

J. LAMANNA, APPEAL REVIEW OFFICER, AND

JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY, 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 July 2, 2008,

Now, upon reading and filing the statement of Waheem Allah dated August 21, 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 October 22, 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 November 26, 2008, and

It is further ORDERED that the proceeding is hereby removed from the calendar for the term of this Court commencing December 1, 2008 and added to the calendar for the term of this Court commencing January 12, 2009.

Entered: September 8, 2008

JoAnn M. Wahl, Clerk