IN THE MATTER OF ANWATZ HAQUE V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND ALBERT PRACK
Motion No: TP 11-01451
Slip Opinion No: 2011 NY Slip Op 89131(U)
Decided on November 9, 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.


November 9, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NO. TP 11-01451

IN THE MATTER OF ANWATZ HAQUE, PETITIONER,

V

JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY AND ALBERT PRACK, DIRECTOR, SPECIAL HOUSING, NEW

YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

RESPONDENTS.


Respondent 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 Seneca on July 18, 2011,

Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated October 19, 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 to the extent that the second ordering paragraph of the order of this Court entered September 19, 2011, is hereby amended by deleting the date November 14, 2011, and inserting in its place the date December 14, 2011.

Entered: November 9, 2011

Patricia L. Morgan, Clerk