| IN THE MATTER OF BRYON K. RUSS, SR. V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, AND HAROLD |
| Motion No: CA 11-00260 |
| Slip Opinion No: 2012 NY Slip Op 65776(U) |
| Decided on February 28, 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. CA 11-00260
| IN THE MATTER OF BRYON K. RUSS, SR., PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, AND HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL
FACILITY, RESPONDENTS-RESPONDENTS. |
Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 17, 2010,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated February 2, 2012, 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 the brief is filed and served on or before March 28, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 12, 2012.
Entered: February 28, 2012
Frances E. Cafarell, Clerk