| IN THE MATTER OF RIVAS COLON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 10-02181 |
| Slip Opinion No: 2011 NY Slip Op 60271(U) |
| Decided on January 5, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 10-02181
| IN THE MATTER OF RIVAS COLON, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on 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 Seneca on November 1, 2010,
Now, upon reading and filing the affidavit of Rivas Colon sworn to December 6, 2010, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq. dated December 29, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the petitioner's brief is filed and served on or before February 4, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before March 11, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the proceeding is removed from the calendar for the term of this Court commencing February 28, 2011, and is added to the calendar for the term of this Court commencing April 4, 2011.
Entered: January 5, 2011
Patricia L. Morgan, Clerk