| IN THE MATTER OF JEROME MACK V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND DONALD SELSKY |
| Motion No: TP 07-02619 |
| Slip Opinion No: 2008 NYSlipOp 86987(U) |
| Decided on October 22, 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 07-02619
| IN THE MATTER OF JEROME MACK, PETITIONER, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND DONALD SELSKY, DIRECTOR, SHU/INMATE DISCIPLINARY PROGRAM, 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 December 12, 2007,
Now, upon reading and filing the affidavit of Jerome Mack sworn to October 8, 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 November 5, 2008, and the Clerk is directed to accept the reply brief for filing.
Entered: October 22, 2008
JoAnn M. Wahl, Clerk