In the Matter of Eddie Ortiz Petitioner v L. Simmons as Lieutenant of Eastern Correctional Facility et

Motion No: 504795

Slip Opinion No: 2009 NYSlipOp 66442(U)

Decided on March 5, 2009

Appellate Division, Third 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.

Decided and Entered: March 5, 2009

Case # 504795

In the Matter of EDDIE ORTIZ, Petitioner, v L. SIMMONS, as Lieutenant of Eastern Correctional Facility, et al., Respondents.

DECISION AND ORDER ON MOTION

Motion for remittal or for an extension of time to file and serve petitioner's brief.

Motion to amend answer and supplement return.

Motion for default judgment.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to amend the answer and to supplement the return is granted, without costs. Respondents shall file and serve the amended answer and the supplemental return on or before April 1, 2009, and it is further.

ORDERED that the motions for remittal and for a default judgment are denied, without costs, and it is further

ORDERED that the motion for an extension of time to file and serve petitioner's brief is granted, without costs, and the time is extended to May 1, 2009.
MERCURE, J.P., SPAIN, KANE, MALONE JR. and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court