IN THE MATTER OF ANWATZ HAQUE V NORMAN B. BEZIO, DIRECTOR OF SPECIAL HOUSING, NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: TP 09-01621
Slip Opinion No: 2009 NY Slip Op 87822(U)
Decided on November 2, 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.


November 2, 2009

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

DOCKET NO. TP 09-01621

IN THE MATTER OF ANWATZ HAQUE, PETITIONER,

V

NORMAN B. BEZIO, DIRECTOR OF SPECIAL HOUSING, NEW YORK

STATE DEPARTMENT OF CORRECTIONS AND BRIAN FISCHER,

COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL

SERVICES, RESPONDENTS.


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 Seneca on August 7, 2009,

Now, upon reading and filing the affidavit of Anwar Haque sworn to October 18, 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 December 17, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before January 21, 2010, and

It is further ORDERED that the proceeding is added to the calendar for the term of this Court commencing February 22, 2010.

Entered: November 2, 2009

Patricia L. Morgan, Clerk