MATTER OF JESSIE J. BARNES V RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL
Motion No: TP 11-00161
Slip Opinion No: 2011 NY Slip Op 70035(U)
Decided on April 14, 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.


April 14, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

DOCKET NO. TP 11-00161

MATTER OF JESSIE J. BARNES, PETITIONER,

V

RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL,

RESPONDENT.


Petitioner having moved for an extension of time to file and serve his brief 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 Monroe on December 9, 2010,

Now, upon reading and filing the affidavit of Jessie J. Barnes sworn to February 24, 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 insofar as it seeks an extension of time to file and serve a brief is granted, on the condition that petitioner files and serves his brief or before May 13, 2011, and

It is further ORDERED that the proceeding is removed from this Court's day calendar for May 20, 2011, and added to the term of this Court commencing September 6, 2011.

Entered: April 14, 2011

Patricia L. Morgan, Clerk