| IN THE MATTER OF DOMINGO ESPIRITU V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 13-00869 |
| Slip Opinion No: 2013 NY Slip Op 79922(U) |
| Decided on July 12, 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 13-00869
| IN THE MATTER OF DOMINGO ESPIRITU, PETITIONER, V
HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT. |
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 May 10, 2013,
Now, upon reading and filing the affidavit of Domingo Espiritu sworn to June 7, 2013, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq., dated June 28, 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 August 12, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before September 16, 2013, and the Clerk is directed to accept the brief for filing.
Entered: July 12, 2013
Frances E. Cafarell, Clerk