IN THE MATTER OF ANTONIO VELEZ V JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, NEW YORK STATE DEPARTMENT
Motion No: TP 09-01734
Slip Opinion No: 2009 NY Slip Op 86594(U)
Decided on October 19, 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.


October 19, 2009

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

DOCKET NO. TP 09-01734

IN THE MATTER OF ANTONIO VELEZ, PETITIONER,

V

JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL

FACILITY, NEW YORK STATE DEPARTMENT OF CORRECTIONAL

SERVICES, 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 Oneida on August 14, 2009,

Now, upon reading and filing the statement of Antonio Velez dated October 6, 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 November 18, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's briefs shall be filed and served on or before December 23, 2009.

Entered: October 19, 2009

Patricia L. Morgan, Clerk