IN THE MATTER OF JOHN NEVAREZ V CARL B. HUNT, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY
Motion No: TP 08-01569
Slip Opinion No: 2008 NYSlipOp 93479(U)
Decided on December 31, 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.


December 31, 2008

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.

DOCKET NO. TP 08-01569

IN THE MATTER OF JOHN NEVAREZ, PETITIONER,

V

CARL B. HUNT, SUPERINTENDENT, GROVELAND 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 Livingston on June 30, 2008,

Now, upon reading and filing the affirmation of Peter H. Schiff dated December 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 January 16, 2009, 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 February 2, 2009.

Entered: December 31, 2008

JoAnn M. Wahl, Clerk