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 85814(U)
Decided on October 4, 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.


October 4, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, 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.


Appellant having moved for an extension of time to file and serve a reply 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 affidavit of John Hogan sworn to September 17, 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 reply brief is filed and served on or before October 19, 2011, and the Clerk is directed to accept the brief for filing.

Entered: October 4, 2011

Patricia L. Morgan, Clerk