IN THE MATTER OF ROBERT CUMBERLAND V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY .
Motion No: TP 11-02388
Slip Opinion No: 2012 NY Slip Op 62248(U)
Decided on January 20, 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.


January 20, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 11-02388

IN THE MATTER OF ROBERT CUMBERLAND, PETITIONER,

V

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, ET AL., RESPONDENTS.


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 Robert Cumberland sworn to December 29, 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's brief is filed and served on or before February 17, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before March 19, 2012, and the Clerk is directed to accept the brief for filing.

Entered: January 20, 2012

Frances E. Cafarell, Clerk