| IN THE MATTER OF LUIS RIVERA V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND |
| Motion No: TP 09-00443 |
| Slip Opinion No: 2009 NYSlipOp 69796(U) |
| Decided on April 13, 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: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 09-00443
| IN THE MATTER OF LUIS RIVERA, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING UNIT/INMATE
DISCIPLINARY PROGRAM OF WILLARD DRUG TREATMENT 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 February 27, 2009,
Now, upon reading and filing the affidavit of Luis Rivera sworn to March 25, 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 May 20, 2009, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before June 4, 2009.
Entered: April 13, 2009
Patricia L. Morgan, Deputy Clerk