PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. TP 12-00298

IN THE MATTER OF WALTER BALKUM, 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 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 Cayuga on February 8, 2012, for an adjournment, and for other relief,

Now, upon reading and filing the statement of Walter Balkum dated March 23, 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 petitioner's brief is granted on the condition that petitioner's brief is filed and served on or before June 18, 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 July 23, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the motion insofar as it seeks an adjournment is granted to the extent that the proceeding is removed from this Court's day calendar for June 19, 2012, and added to calendar for the term of this Court commencing September 4, 2012, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 21, 2012

Frances E. Cafarell, Clerk