Matter of Kendrick v New York State Department of Correcti
Motion No: 2010-05002
Slip Opinion No: 2011 NY Slip Op 73058(U)
Decided on May 17, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M120202

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-05002

In the Matter of Jaythan Kendrick, petitioner,

v New York State Department of Correctional

Services, et al., respondents.

(Index No. 7944/09)

DECISION & ORDER ON MOTION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Dutchess County, dated April 30, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the petitioner's brief which was submitted to the Clerk of this Court is accepted for filing and deemed timely served; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until June 17, 2011, and the respondents' brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court