| IN THE MATTER OF JAMES M. WEST V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 13-00008 |
| Slip Opinion No: 2013 NY Slip Op 66569(U) |
| Decided on March 4, 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: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. TP 13-00008
| 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 December 28, 2012, and other relief,
Now, upon reading and filing the affidavit of James M. West sworn to February 6, 2013, 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 the petitioner files and serves the brief on or before March 21, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's briefs, if any, shall be filed and served on or before April 25, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the proceeding is removed from the Court's day calendar for May 16, 2013, and added to the Court's calendar for the term commencing June 17, 2013, and
It is further ORDERED that motion is otherwise denied.
Entered: March 4, 2013
Frances E. Cafarell, Clerk