| IN THE MATTER OF MANUEL MOSLEY V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL FACILITIES |
| Motion No: TP 12-00266 |
| Slip Opinion No: 2012 NY Slip Op 69416(U) |
| Decided on April 4, 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 12-00266
| IN THE MATTER OF MANUEL MOSLEY, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL FACILITIES, 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 an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on April 29, 2011, and for other relief,
Now, upon reading and filing the affidavit of Manuel Mosley sworn to March 15, 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 insofar as it seeks an extension of time to file and serve a brief is granted on the condition that petitioner's brief is filed and served on or before April 25, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before May 30, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion is otherwise denied.
Entered: April 4, 2012
Frances E. Cafarell, Clerk