| IN THE MATTER OF HOWARD MICHAEL V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00771 |
| Slip Opinion No: 2013 NY Slip Op 77296(U) |
| Decided on June 17, 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 13-00771
| IN THE MATTER OF HOWARD MICHAEL, PETITIONER, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, DAVID STALLONE,
AND ALBERT PRACK, 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 Cayuga on April 24, 2013,
Now, upon reading and filing the Howard Michael sworn to May 24, 2013, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq., dated June 3, 2013, 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 July 17, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' briefs shall be filed and served on or before August 21, 2013, and the Clerk is directed to accept the brief for filing.
Entered: June 17, 2013
Frances E. Cafarell, Clerk