| MATTER OF ALBERTO RODRIGUEZ V BRIAN FISCHER, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 10-00042 |
| Slip Opinion No: 2010 NY Slip Op 63070(U) |
| Decided on February 9, 2010 |
| 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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 10-00042
| MATTER OF ALBERTO RODRIGUEZ, PETITIONER, V BRIAN FISCHER,
COMMISSIONER OF 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 Seneca on December 31, 2009,
Now, upon reading and filing the affidavit of Alberto Rodriguez sworn to January 14, 2010, 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 April 9, 2010 and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs shall be filed and served on or before May 10, 2010 and the proceeding is hereby removed from the calendar for the term of this Court commencing May 17, 2010 and added to the calendar for the term of this Court commencing June 21, 2010.
Entered: February 9, 2010
Patricia L. Morgan, Clerk