| IN THE MATTER OF JASON BERMUDEZ V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: TP 09-01247 |
| Slip Opinion No: 2009 NY Slip Op 81469(U) |
| Decided on August 18, 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 09-01247
| IN THE MATTER OF JASON BERMUDEZ, 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 June 16, 2009,
Now, upon reading and filing the affirmation of Marcus J. Mastracco dated August 3, 2009, the notice of motion with proof of service thereof, the opposing statement of Jason Bermudez dated August 5, 2009, 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 October 7, 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 October 22, 2009.
Entered: August 18, 2009
Patricia L. Morgan, Clerk