| 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 67221(U) |
| Decided on March 24, 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., PERADOTTO, LINDLEY, GREEN, AND GORSKI, 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 a second extension of time to file and serve his 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 February 15, 2010, the affidavit of Alberto Rodriguez sworn to March 3, 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 on condition that petitioner's brief is filed and served on or before June 8, 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 July 13, 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 September 7, 2010.
Entered: March 24, 2010
Patricia L. Morgan, Clerk