IN THE MATTER OF EON SHEPHERD V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 10-01576
Slip Opinion No: 2010 NY Slip Op 86956(U)
Decided on October 29, 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.


October 29, 2010

PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.

DOCKET NO. TP 10-01576

IN THE MATTER OF EON SHEPHERD, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT.


Respondent having moved for an 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 Seneca on July 23, 2010,

Now, upon reading and filing the affirmation of Peter H. Schiff, Esq. dated September 28, 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 the condition that the brief is filed and served on or before November 12, 2010, and the Clerk is directed to accept the brief for filing.

Entered: October 29, 2010

Patricia L. Morgan, Clerk