| IN THE MATTER OF THORNWELL RICHBURG V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 13-00095 |
| Slip Opinion No: 2013 NY Slip Op 80632(U) |
| Decided on July 23, 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. CA 13-00095
| IN THE MATTER OF THORNWELL RICHBURG,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENT-RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on September 20, 2012,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated July 10, 2013, the notice of motion with proof of service thereof, and the affirmation of Leah Rene Nowotarski, Esq., dated July 16, 2013, 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 August 30, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 16, 2013.
Entered: July 23, 2013
Frances E. Cafarell, Clerk