IN THE MATTER OF BERNARD PITTS V R. CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY
Motion No: TP 11-00670
Slip Opinion No: 2011 NY Slip Op 74376(U)
Decided on May 27, 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.


May 27, 2011

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

DOCKET NO. TP 11-00670

IN THE MATTER OF BERNARD PITTS, PETITIONER,

V

R. CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,

RESPONDENT.


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 Livingston on December 10, 2010,

Now, upon reading and filing the affidavit of Bernard Pitts sworn to April 18, 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 June 27, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent shall file and serve a brief on or before August 1, 2011, and the Clerk is directed to accept the brief for filing.

Entered: May 27, 2011

Patricia L. Morgan, Clerk