| IN THE MATTER OF JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 12-01701 |
| Slip Opinion No: 2013 NY Slip Op 73169(U) |
| Decided on May 2, 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, FAHEY, CARNI, AND LINDLEY, JJ.
DOCKET NO. TP 12-01701
| IN THE MATTER OF JAMES SMITH, PETITIONER, V HAROLD
D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a reply 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 Cayuga on September 11, 2012,
Now, upon reading and filing the statement of James Smith dated March 18, 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 petitioner file and serve the brief on or before May 17, 2013, and the Clerk is directed to accept the brief for filing.
Entered: May 2, 2013
Frances E. Cafarell, Clerk