IN THE MATTER OF DARIEN PAIGE V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 11-00091
Slip Opinion No: 2011 NY Slip Op 70042(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: SCUDDER, P.J., PERADOTTO, LINDELY, GREEN, AND GORSKI, JJ.

DOCKET NO. TP 11-00091

IN THE MATTER OF DARIEN PAIGE, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT.


Respondent 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 Orleans on January 12, 2011,

Now, upon reading and filing the affirmation of Frank Brady, Esq. dated March 10, 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 on the condition that the brief is filed and served on or before April 25, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 10, 2011.

Entered: April 14, 2011

Patricia L. Morgan, Clerk