| IN THE MATTER OF JOSHUA LINER V SUPERINTENDENT DALE ARTUS AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 12-01704 |
| Slip Opinion No: 2013 NY Slip Op 65929(U) |
| Decided on February 27, 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. |
PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. TP 12-01704
| IN THE MATTER OF JOSHUA LINER, PETITIONER, V
SUPERINTENDENT DALE ARTUS AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENTS. |
Respondents having moved to supplement the return filed with the answer and 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 affirmation of Marcus J. Mastracco, Esq., dated January 7, 2013, the notice of motion with proof of service thereof, and the statement of Joshua Liner dated January 16, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the supplemental return and brief are filed and served in accordance with this Court's rules on or before March 8, 2013, and the Clerk is directed to accept the brief and supplemental return for filing, and
It is further ORDERED that the proceeding is removed from this Court's day calendar for February 19, 2013, and added to the Court's calendar for the term commencing April 1, 2013.
Entered: February 27, 2013
Frances E. Cafarell, Clerk