| IN THE MATTER OF JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 12-01701 |
| Slip Opinion No: 2012 NY Slip Op 94147(U) |
| Decided on December 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 12-01701
| IN THE MATTER OF JAMES SMITH, PETITIONER, V HAROLD
D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, 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 Cayuga on September 11, 2012,
Now, upon reading and filing the affidavit of James Smith sworn to November 28, 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 insofar as it seeks to vacate dismissal of the proceeding is granted on the condition that petitioner files and serves his brief, in compliance with this Court's rules, on or before February 19, 2013.
Entered: December 18, 2012
Frances E. Cafarell, Clerk