| 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 65710(U) |
| Decided on February 23, 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, AND FAHEY, 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. |
Petitioner having moved for an order denying respondent's motion for an extension of time to file and serve a brief, granting certain discovery, and granting other relief 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 affidavit of Ramon Alvarez sworn to January 18, 2012, the notice of motion with proof of service thereof, and the affirmation of Martin A. Hotvet, Esq., dated February 1, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an order denying respondent's motion for an extension of time to file and serve a brief is dismissed as moot, and
It is further ORDERED that the motion is otherwise denied.
Entered: February 23, 2012
Frances E. Cafarell, Clerk