IN THE MATTER OF SCOTT ADELINE V DAVID UNGER, SUPERINTENDENT, WYOMING CORRECTIONAL FACILITY
Motion No: TP 09-01009
Slip Opinion No: 2009 NY Slip Op 79374(U)
Decided on July 27, 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.


July 27, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. TP 09-01009

IN THE MATTER OF SCOTT ADELINE, PETITIONER,

V

DAVID UNGER, SUPERINTENDENT, WYOMING CORRECTIONAL FACILITY,

RESPONDENT.


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 Wyoming on May 13, 2009,

Now, upon reading and filing the affirmation of Jillian S. Harrington dated July 13, 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, and the brief is accepted for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before August 31, 2009, and

It is further ORDERED that the proceeding is added to the calendar for the term of this Court commencing November 30, 2009.

Entered: July 27, 2009

Patricia L. Morgan, Clerk