| IN THE MATTER OF THOMAS LOZADA V NEW YORK STATE DIVISION OF PAROLE |
| Motion No: TP 08-02335 |
| Slip Opinion No: 2009 NYSlipOp 62870(U) |
| Decided on February 3, 2009 |
| 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: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
DOCKET NO. TP 08-02335
| IN THE MATTER OF THOMAS LOZADA, PETITIONER, V NEW YORK STATE
DIVISION OF PAROLE, 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 November 10, 2008,
Now, upon reading and filing the affirmation of Frank Brady dated January 9, 2009, 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 March 9, 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 March 24, 2009.
Entered: February 3, 2009
JoAnn M. Wahl, Clerk