IN THE MATTER OF DONALD ROLF, V WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY
Motion No: TP 10-00888
Slip Opinion No: 2010 NY Slip Op 73862(U)
Decided on June 2, 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.


June 2, 2010

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

DOCKET NO. TP 10-00888

IN THE MATTER OF DONALD ROLF, PETITIONER

V

WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE 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, Oneida

County, entered April 14, 2010,

Now, upon reading and filing the affidavit of Donald Rolf sworn to May 10, 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 the brief is filed and served on or before July 19, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 2, 2010

Patricia L. Morgan, Clerk