| IN THE MATTER OF CARLOS ABREU V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 11-01936 |
| Slip Opinion No: 2011 NY Slip Op 93917(U) |
| Decided on December 27, 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 11-01936
| IN THE MATTER OF CARLOS ABREU, 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 Seneca on September 22, 2011,
Now, upon reading and filing the affidavit of Carlos Abreu sworn to December 14, 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 his brief on or before February 21, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that in the event petitioner's brief is timely filed and served, respondent's brief shall be filed and served on or before March 27, 2012.
Entered: December 27, 2011
Frances E. Cafarell, Clerk