MATTER OF WILLIAM REED V JAMES BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY
Motion No: TP 10-00113
Slip Opinion No: 2010 NY Slip Op 65220(U)
Decided on March 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.


March 9, 2010

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND PINE, JJ.

DOCKET NO. TP 10-00113

MATTER OF WILLIAM REED, PETITIONER,

V

JAMES BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, 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 order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 11, 2009,

Now, upon reading and filing the affidavit of William Reed sworn to February 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered January 19, 2010 is hereby amended by deleting the date March 5, 2010 and inserting in its place the date April 19, 2010, and

It is further ORDERED that the respondent's briefs shall be filed and served on or before May 24, 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: March 9, 2010

Patricia L. Morgan, Clerk