PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 09-02568

IN THE MATTER OF STEVEN ALSTER, PETITIONER, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.

Petitioner having moved for permission to proceed as a poor person and assignment of counsel and for an extension of time to file and serve his brief 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 December 16, 2009,

Now, upon reading and filing the affidavits of Steven Alster sworn to December 28, 2009, and January 26, 2010, 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 the assignment of counsel is denied on the ground that such relief is not available, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve petitioner's brief is granted on condition that the brief is filed and served on or before March 15, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief, if any, shall be filed and served on or before April 19, 2010, and

It is further ORDERED that the proceeding be removed from the calendar for the term of this Court commencing April 5, 2010, and added to the calendar for the term of this Court commencing May 17, 2010.

Entered: February 19, 2010

Patricia L. Morgan, Clerk