| IN THE MATTER OF ROLAND CODY V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00696 |
| Slip Opinion No: 2013 NY Slip Op 79301(U) |
| Decided on July 10, 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: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
DOCKET NO. TP 13-00696
| IN THE MATTER OF ROLAND CODY, 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 proceed transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 16, 2013,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated June 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 brief is filed and served on or before July 19, 2013, and the Clerk is directed to accept the brief for filing.
Entered: July 10, 2013
Frances E. Cafarell, Clerk