| IN THE MATTER OF EDDIE ORTIZ V CHARLES KELLY, JR., SUPERINTENDENT, MARCY CORRECTIONAL FACILITY ND BRIAN FISCHER |
| Motion No: TP 13-00534 |
| Slip Opinion No: 2013 NY Slip Op 75288(U) |
| Decided on May 28, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 13-00534
| IN THE MATTER OF EDDIE ORTIZ, PETITIONER, V CHARLES
KELLY, JR., SUPERINTENDENT, MARCY CORRECTIONAL FACILITY ND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS. |
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 Oneida on February 7, 2013,
Now, upon reading and filing the affidavit of Eddie Ortiz sworn to April 26, 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 petitioner's brief is filed and served on or before June 27, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs, if any, shall be filed and served on or before August 1, 2013, and the Clerk is directed to accept the briefs for filing.
Entered: May 28, 2013
Frances E. Cafarell, Clerk