| IN THE MATTER OF MICHAEL MELENDEZ V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: TP 09-00361 |
| Slip Opinion No: 2009 NY Slip Op 71754(U) |
| Decided on May 4, 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 09-00361
| IN THE MATTER OF MICHAEL MELENDEZ, PETITIONER, V JAMES L.
BERBARY, SUPERINTENDENT, COLLINS 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 Erie on February 12, 2009,
Now, upon reading and filing the affirmation of Martin A. Hotvet dated April 21, 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 June 12, 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 June 29, 2009.
Entered: May 4, 2009
Patricia L. Morgan, Clerk