PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

DOCKET NO. TP 10-02132

IN THE MATTER OF PIERRE WILLIAMS, PETITIONER, V B.F. MCAULIFFE, DEPARTMENT SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, ALBERT PRACK, ACTING DIRECTOR, INMATE DISCIPLINARY PROGRAM, CAPE VINCENT CORRECTIONAL FACILITY, PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS.

Respondents having moved for permission to amend the return filed in this 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 October 20, 2010, by filing and serving a specified transcript and certification, and for other relief,

Now, upon reading and filing the affirmation of Marlene O. Tuczinski, Esq. dated January 5, 2011, 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 respondents shall file and serve the transcript and certification on or before February 8, 2011, and the Clerk will accept the documents for filing, and

It is further ORDERED that this Court's scheduling order is amended and petitioner shall file and serve a supplemental brief, if any, on or before March 10, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that respondents shall file and serve their brief on or before April 14, 2011, and the Clerk shall accept the brief for filing, and

It is further ORDERED that this proceeding is removed from the Court's day calendar for February 28, 2011, and added to the calendar for the term of this Court commencing May 16, 2011.

Entered: January 26, 2011

Patricia L. Morgan, Clerk