IN THE MATTER OF RAMON ALVAREZ V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 11-01530
Slip Opinion No: 2012 NY Slip Op 62943(U)
Decided on January 27, 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 27, 2012

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. TP 11-01530

IN THE MATTER OF RAMON ALVAREZ, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.


Respondent 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 Erie on July 26, 2011,

Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated January 6, 2012, 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 to the extent that the fourth ordering paragraph of the order of this Court entered October 26, 2011, is hereby amended by deleting the date January 25, 2012, and inserting in its place the date February 24, 2012, and

It is further ORDERED that the proceeding is removed from this Court's day calendar

for February 21, 2012, and added to the calendar for the term of this Court commencing March 26, 2012.

Entered: January 27, 2012

Frances E. Cafarell, Clerk