| IN THE MATTER OF DARYL KNICKERBOCKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION AND |
| Motion No: TP 12-01565 |
| Slip Opinion No: 2012 NY Slip Op 93570(U) |
| Decided on December 10, 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: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND WHALEN, JJ.
DOCKET NO. TP 12-01565
| IN THE MATTER OF DARYL KNICKERBOCKER, 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 Wyoming on August 21, 2012,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq., dated November 26, 2012, the notice of motion with proof of service thereof, and the affirmation of Adam W. Koch, Esq., dated November 28, 2012, 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 17, 2012, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 2, 2013.
Entered: December 10, 2012
Frances E. Cafarell, Clerk