PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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 order expanding the record on the CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 7, 2009, for an extension of time to file and serve his brief, and for other relief,

Now, upon reading and filing the affidavit of Anwar Haque sworn to December 12, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an order expanding the record be, and the same hereby is, granted to the extent that respondents are directed to file with this Court copies of the video surveillance tapes that were viewed during petitioner's Tier III hearing, and to make the tapes available for viewing by petitioner, on or before February 24, 2010, and

It is further ORDERED that the motion insofar as it seeks an extension of time for petitioner's brief be, and the same hereby is, granted on condition that the brief is filed and served on or before March 26, 2010, 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 April 30, 2010, and

It is further ORDERED that the proceeding is added to the calendar for the term of this Court commencing June 21, 2010.

Entered: January 25, 2010

Patricia L. Morgan, Clerk