IN THE MATTER OF PIERRE WILLIAMS V B.F. MCAULIFFE, DEPARTMENT SUPERINTENDENT, CAPE VINCENT CORECTIONAL FACILTIY, ALBERT
Motion No: TP 10-02132
Slip Opinion No: 2010 NY Slip Op 91857(U)
Decided on December 23, 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 23, 2010

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

DOCKET NO. TP 10-02132

IN THE MATTER OF PIERRE WILLIAMS, PETITIONER,

V

B.F. MCAULIFFE, DEPARTMENT SUPERINTENDENT, CAPE VINCENT

CORECTIONAL FACILTIY, ALBERT PRACK, ACTING DIRECTOR, INMATE

DISCIPLINARY PROGRAM, CAPE VINCENT CORRECTIONAL FACILITY,

PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL

FACILITY, AND BRIAN FISCHER, COMMISSIONER OF NEW YORK

DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS.


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 an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on October 20, 2010,

Now, upon reading and filing the affirmation of John R. Lewis, Esq. dated December 7, 2010, and 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 to the extent that and on the condition that the petitioner's brief is filed and served on or before January 24, 2011, and the Clerk is directed to accept the brief for filing.

Entered: December 23, 2010

Patricia L. Morgan, Clerk