IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 10-01574
Slip Opinion No: 2011 NY Slip Op 78709(U)
Decided on July 15, 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.


July 15, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-01574

IN THE MATTER OF JOHN HOGAN, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on June 25, 2010,

Now, upon reading and filing the affirmation of Peter H. Schiff, Esq., dated June 27, 2011, the notice of motion with proof of service thereof, and the statement of John Hogan dated July 11, 2011, 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 August 19, 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 September 6, 2011.

Entered: July 15, 2011

Patricia L. Morgan, Clerk