IN THE MATTER OF CHARLES MCALLISTER V PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY
Motion No: TP 10-01476
Slip Opinion No: 2010 NY Slip Op 91703(U)
Decided on December 17, 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.


December 17, 2010

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

DOCKET NO. TP 10-01476

IN THE MATTER OF CHARLES MCALLISTER, PETITIONER,

V

PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL

FACILITY, 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 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 affirmation of Marcus J. Mastracco, Esq. dated November 29, 2010, the notice of motion with proof of service thereof, and the affidavit of Charles McAllister sworn to December 3, 2010, 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 January 28, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 14, 2011.

Entered: December 17, 2010

Patricia L. Morgan, Clerk