| IN THE MATTER OF JAMES M. WEST V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 12-02002 |
| Slip Opinion No: 2012 NY Slip Op 94159(U) |
| Decided on December 19, 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 12-02002
| IN THE MATTER OF JAMES M. WEST, PETITIONER, V
MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS 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 Seneca on October 22, 2012, and for other relief,
Now, upon reading and filing the affidavit of James M. West sworn to December 3, 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 insofar as it seeks an extension of time to file and serve a brief is granted on the condition that petitioner files and serves the brief on or before January 9, 2013, the Clerk is directed to accept the brief for filing, and the motion is otherwise dismissed, and
It is further ORDERED that respondent's brief shall be filed and served on or before February 13, 2013, and the Clerk is directed to accept the brief for filing.
Entered: December 19, 2012
Frances E. Cafarell, Clerk