IN THE MATTER OF MICHAEL GONZALES V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, AND BRIAN FISCHER
Motion No: CA 12-01504
Slip Opinion No: 2013 NY Slip Op 60881(U)
Decided on January 7, 2013
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.


January 7, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01504

IN THE MATTER OF MICHAEL GONZALES, PETITIONER-APPELLANT,

V

DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY,

AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND SUPERVISION, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 10, 2012,

Now, upon reading and filing the affirmation of Frank Brady, Esq., dated December 14, 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 February 4, 2013, 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 February 19, 2013.

Entered: January 7, 2013

Frances E. Cafarell, Clerk