PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND MARTOCHE, JJ.

DOCKET NO. TP 11-01795

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

Petitioner 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 Wyoming on August 30, 2011, and for other relief,

Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to November 7, 2011, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq., dated November 10, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court order entered October 4, 2011, is hereby amended by deleting the date November 16, 2011, and inserting in its place the date January 17, 2012, and the Clerk is directed to accept petitioner's brief for filing, and

It is further ORDERED that the second ordering paragraph of this Court's order entered October 4, 2011, is hereby amended by deleting the date December 21, 2011, and inserting in its place the date February 21, 2012, and the Clerk is directed to accept respondent's brief for filing, and

It is further ORDERED that the proceeding is removed from this Court's day calendar for January 20, 2012, and added to the term of this Court commencing March 26, 2012.

Entered: December 7, 2011

Patricia L. Morgan, Clerk