| IN THE MATTER OF SAUL SABINO V WILLIAM F. HULIHAN |
| Motion No: TP 12-01155 |
| Slip Opinion No: 2012 NY Slip Op 85438(U) |
| Decided on September 21, 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 12-01155
| IN THE MATTER OF SAUL SABINO, PETITIONER, V
WILLIAM F. HULIHAN, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel 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 Oneida on March 1, 2012, and having moved for an extension of time to file and serve a brief,
Now, upon reading and filing the affidavits of Saul Sabino sworn to August 14, 2012, and August 28, 2012, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated September 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on condition that the petitioner files and serves the brief on or before October 22, 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 November 26, 2012, and the Clerk is directed to accept the brief for filing.
Entered: September 21, 2012
Frances E. Cafarell, Clerk