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 81567(U)
Decided on August 25, 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.


August 25, 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.


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 Wyoming on May 13, 2009,

Now, upon reading and filing the affirmation of William E. Storrs dated August 10, 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 September 30, 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 15, 2009.

Entered: August 25, 2009

Patricia L. Morgan, Clerk