| IN THE MATTER OF RONNIE COVINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 11-01906 |
| Slip Opinion No: 2012 NY Slip Op 69929(U) |
| Decided on April 5, 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 11-01906
| IN THE MATTER OF RONNIE COVINGTON, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief and 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 Seneca on September 19, 2011,
Now, upon reading and filing the affidavit of Ronnie Covington sworn to March 4, 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 to vacate dismissal of the proceeding is granted on the condition that petitioner provides to the Clerk's Office proof of service of said brief upon the Attorney General by April 19, 2012, and upon such receipt of proof of service, the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's briefs shall be filed and served on or before May 24, 2012, and the Clerk is directed to accept the brief for filing.
Entered: April 5, 2012
Frances E. Cafarell, Clerk