| IN THE MATTER OF DAVAUGHN HOLMES V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00209 |
| Slip Opinion No: 2013 NY Slip Op 70087(U) |
| Decided on April 10, 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., SCONIERS, VALENTINO, WHALEN, AND MARTOCHE, JJ.
DOCKET NO. TP 13-00209
| IN THE MATTER OF DAVAUGHN HOLMES, PETITIONER, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for mandamus relief on this CPLR article 78 proceeding transferred to this Court by order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on January 29, 2013, and having moved for other relief,
Now, upon reading and filing the affidavit of Devaughn Holmes sworn to February 19, 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 denied, and
It is further ORDERED that petitioner is granted an extension of time to file and serve a brief 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 respondent's brief shall be filed and served on or before May 28, 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 June 12, 2013.
Entered: April 10, 2013
Frances E. Cafarell, Clerk