MATTER OF ADDULLAH RAHMAN V JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, CAPTAIN GEOGHEGAN, LIEUTENANT
Motion No: TP 09-02233
Slip Opinion No: 2010 NY Slip Op 65908(U)
Decided on March 15, 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 15, 2010

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

DOCKET NO. TP 09-02233

MATTER OF ADDULLAH RAHMAN, PETITIONER,

V

JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL

FACILITY, CAPTAIN GEOGHEGAN, LIEUTENANT WHITMORE,

SERGEANT GOWER, CORRECTIONAL OFFICER TEMPLE

AND NURSE HOWARD, RESPONDENTS.


Petitioner having moved for a third 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 September 30, 2009,

Now, upon reading and filing the affidavit of Addullah Rahman sworn to February 22, 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 February 8, 2010 is hereby amended by deleting the date February 24, 2010 and inserting in its place the date March 25, 2010, and

It is further ORDERED that the respondents' briefs shall be filed and served on or before April 26, 2010, and the Clerk is directed to accept the briefs for filing.

Memorandum: No further extensions will be granted to petitioner.

Entered: March 15, 2010

Patricia L. Morgan, Clerk