| 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 93043(U) |
| Decided on December 29, 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: SMITH, J.P., MARTOCHE, FAHEY, PERADOTTO, AND GREEN, 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. |
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 Oneida on August 14, 2009,
Now, upon reading and filing the affirmation of Martin A. Hotvet dated December 8, 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 January 15, 2010, 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 January 25, 2010.
Entered: December 29, 2009
Patricia L. Morgan, Clerk