| IN THE MATTER OF MANUEL MOSLEY V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 12-00266 |
| Slip Opinion No: 2012 NY Slip Op 75490(U) |
| Decided on June 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: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.
DOCKET NO. TP 12-00266
| IN THE MATTER OF MANUEL MOSLEY, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Respondent 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,
Now, upon reading and filing the affirmation of Zainab A. Chaudhry, Esq., dated May 24, 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 to the extent that the second ordering paragraph of the order of this Court entered April 4, 2012, is hereby amended by deleting the date May 30, 2012, and inserting in its place the date June 13, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that this proceeding shall be removed from the Court's day calendar for June 19, 2012, and added to the calendar for the term of this Court commencing September 4, 2012.
Entered: June 5, 2012
Frances E. Cafarell, Clerk