| IN THE MATTER OF LAMONT BAILEY V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES . |
| Motion No: TP 10-02417 |
| Slip Opinion No: 2011 NY Slip Op 66496(U) |
| Decided on March 10, 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 10-02417
| IN THE MATTER OF LAMONT BAILEY, PETITIONER, V NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS. |
Petitioner having moved for an extension of time to file and serve a brief on 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 December 7, 2010,
Now, upon reading and filing the affidavit of Lamont Bailey sworn to February 1, 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 dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).
Entered: March 10, 2011
Patricia L. Morgan, Clerk