IN THE MATTER OF DEAN FAIELLO V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: CA 11-02248
Slip Opinion No: 2013 NY Slip Op 68784(U)
Decided on March 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.


March 27, 2013

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

DOCKET NO. CA 11-02248

IN THE MATTER OF DEAN FAIELLO, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION, AND DORA B. SCHRIRO,

COMMISSIONER, NEW YORK CITY DEPARTMENT OF CORRECTIONS,

RESPONDENTS-RESPONDENTS.


Respondent Dora B. Schriro, Commissioner, New York City Department of Corrections, having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on May 9, 2011,

Now, upon reading and filing the affirmation of Kristin M. Helmers, Esq., dated March 14, 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 is granted on the condition that the brief is filed and served on or before April 22, 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 May 7, 2013.

Entered: March 27, 2013

Frances E. Cafarell, Clerk