| IN THE MATTER OF ALBERT WEATHERS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 12-01282 |
| Slip Opinion No: 2012 NY Slip Op 84919(U) |
| Decided on September 18, 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 12-01282
| IN THE MATTER OF ALBERT WEATHERS, 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 Livingston on December 7, 2011,
Now, upon reading and filing the affidavit of Albert Weathers sworn to August 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 the brief is filed and served on or before October 18, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief, if any, shall be filed and served on or before November 19, 2012, and the Clerk is directed to accept the brief for filing.
Entered: September 18, 2012
Frances E. Cafarell, Clerk