| IN THE MATTER OF RANDLOPH STEWART V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00379 |
| Slip Opinion No: 2013 NY Slip Op 75292(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: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
DOCKET NO. TP 13-00379
| IN THE MATTER OF RANDLOPH STEWART, 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 an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 27, 2013,
Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated May 3, 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 June 20, 2013, and the Clerk is directed to accept the brief for filing.
Entered: May 28, 2013
Frances E. Cafarell, Clerk