IN THE MATTER OF RICHARD KLIM V NEW YORK STATE EXECUTIVE DEPARTMENT DIVISION OF PAROLE, ATTENTION: EXECUTIVE DIRECTOR
Motion No: TP 09-01111
Slip Opinion No: 2009 NY Slip Op 82292(U)
Decided on August 31, 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 31, 2009

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

DOCKET NO. TP 09-01111

IN THE MATTER OF RICHARD KLIM, PETITIONER,

V

NEW YORK STATE EXECUTIVE DEPARTMENT DIVISION OF PAROLE,

ATTENTION: EXECUTIVE DIRECTOR, 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 Monroe on April 23, 2009,

Now, upon reading and filing the affirmation of Marlene O. Tuczinski August 14, 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 21, 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 6, 2009.

Entered: August 31, 2009

Patricia L. Morgan, Clerk