| IN THE MATTER OF PAUL COOKHORNE V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION AND COMMUNITY |
| Motion No: TP 12-01634 |
| Slip Opinion No: 2012 NY Slip Op 91060(U) |
| Decided on November 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 12-01634
| IN THE MATTER OF PAUL COOKHORNE, PETITIONER, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION AND COMMUNITY SUPERVISION,
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 order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 2012,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated November 9, 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 brief is filed and served on or before December 3, 2012, and the Clerk is directed to accept the brief for filing.
Entered: November 21, 2012
Frances E. Cafarell, Clerk