| IN THE MATTER OF JOSHUA LINER V SUPERINTENDENT JAMES AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 12-01704 |
| Slip Opinion No: 2012 NY Slip Op 91069(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 12-01704
| IN THE MATTER OF JOSHUA LINER, PETITIONER, V
SUPERINTENDENT JAMES AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENTS. |
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 September 11, 2012,
Now, upon reading and filing the statement of Joshua Liner dated October 10, 2012, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated November 7, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner files and serves the brief on or before December 14, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before January 18, 2013, and the Clerk is directed to accept the brief for filing.
Entered: November 21, 2012
Frances E. Cafarell, Clerk