| IN THE MATTER OF CESAR ROSA V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00271 |
| Slip Opinion No: 2013 NY Slip Op 74592(U) |
| Decided on May 22, 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 13-00271
| IN THE MATTER OF CESAR ROSA, PETITIONER, V BRIAN
FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Respondent 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 Wyoming on February 4, 2013,
Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated April 30, 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 May 28, 2013, and the Clerk is directed to accept the brief for filing.
Entered: May 22, 2013
Frances E. Cafarell, Clerk