| IN THE MATTER OF WALTER BALKUM V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 12-00298 |
| Slip Opinion No: 2012 NY Slip Op 81600(U) |
| Decided on August 6, 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, FAHEY, 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 reply 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,
Now, upon reading and filing the statement of Walter Balkum dated July 20, 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 reply brief is filed and served on or before August 21, 2012, and the Clerk is directed to accept the brief for filing.
Entered: August 6, 2012
Frances E. Cafarell, Clerk