| IN THE MATTER OF CHARLES MCCALLISTER V PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY |
| Motion No: TP 10-01476 |
| Slip Opinion No: 2010 NY Slip Op 83111(U) |
| Decided on September 22, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. TP 10-01476
| IN THE MATTER OF CHARLES MCCALLISTER, PETITIONER, V PATRICIA
LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief in the CPLR article 78 proceeding herein transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on June 21, 2010,
Now, upon reading and filing the affidavit of Charles McAllister sworn to August 31, 2010, the notice of motion with proof of service thereof, the statement of Deborah J. Stilson dated September 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the proceeding pursuant to 22 NYCRR 1000.13 (g).
Entered: September 22, 2010
Patricia L. Morgan, Clerk