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

DOCKET NO. TP 11-01530

IN THE MATTER OF RAMON ALVAREZ, PETITIONER, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.

Respondent having moved in 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 Erie on July 26, 2011, for an order transferring this proceeding back to Supreme Court, or, in the alternative, for an extension of time to file and serve an answer, and petitioner having cross-moved for other relief,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated September 8, 2011, the notice of motion with proof of service thereof, and the statement of Ramon Alverez received September 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to transfer the proceeding to Supreme Court is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve an answer is granted, on the condition that the answer is filed and served on or before November 21, 2011, and

It is further ORDERED that petitioner shall file and serve his brief on or before December 21, 2011, and

It is further ORDERED that respondent shall file and serve his brief on or before January 25, 2012, and

It is further ORDERED that the proceeding shall be removed from this Court's calendar for the term commencing January 17, 2012, and added to this Court's calendar for the term commencing February 21, 2012.

Entered: October 26, 2011

Patricia L. Morgan, Clerk