In the Matter of Bruce King Petitioner v Brian Fischer as Commissioner of Correctional Services.



In the Matter of Bruce King Petitioner v Brian Fischer as Commissioner of Correctional Services.
Motion No: 507930
Slip Opinion No: 2010 NY Slip Op 69981(U)
Decided on April 23, 2010
Appellate Division, Third 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.



Decided and Entered: April 23, 2010

Case # 507930


In the Matter of BRUCE KING,

Petitioner,

v
BRIAN FISCHER, as Commissioner of Correctional Services,

Respondent.


DECISION AND ORDER
ON MOTION

Motion to dismiss answer and return or to remit to Supreme Court and for assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and the Clerk of this Court is directed to accept the transcripts received by the Court on April 9, 2010. The time to perfect the proceeding is extended to June 16, 2010.
PETERS, J.P., LAHTINEN, STEIN, GARRY and EGAN JR., JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court