| IN THE MATTER OF TAUREAN HAYWOOD V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 11-01702 |
| Slip Opinion No: 2011 NY Slip Op 90627(U) |
| Decided on November 23, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-01702
| IN THE MATTER OF TAUREAN HAYWOOD, PETITIONER, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on this 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 August 17, 2011,
Now, upon reading and filing the affidavit of Taurean Haywood sworn to October 23, 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 insofar as it seeks to vacate dismissal of the proceeding is granted on the condition that petitioner files and serves the brief on or before December 23, 2011, and the Clerk is directed to accept the brief for filing.
Entered: November 23, 2011
Patricia L. Morgan, Clerk