| IN THE MATTER OF MICAIAH ALLEN V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 11-02389 |
| Slip Opinion No: 2012 NY Slip Op 60924(U) |
| Decided on January 6, 2012 |
| 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 11-02389
| IN THE MATTER OF MICAIAH ALLEN, PETITIONER, V HAROLD D.
GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, 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 Cayuga on November 17, 2011,
Now, upon reading and filing the affidavit of Micaiah Allen sworn to December 17, 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 on the condition that petitioner files and serves the brief on or before February 16, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief, if any, shall be filed and served on or before March 22, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the proceeding shall be removed from the calendar for the term of the Court commencing March 26, 2012, and added to the calendar for the term of the Court commencing May 14, 2012.
Entered: January 6, 2012
Frances E. Cafarell, Clerk