PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

DOCKET NO. TP 13-00926

IN THE MATTER OF JAMES BLACKWELL, PETITIONER, V CHARLES KELLY, JR., SUPERINTENDENT, MARCY CORRECTIONAL FACILITY AND MONROE COUNTY JAIL, RESPONDENTS.

Petitioner having moved for a stay of enforcement of, among other things, an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 15, 2013, transferring this proceeding to this Court, having moved for an extension of time to file and serve a petitioner's brief, and having moved for other relief,

Now, upon reading and filing the affidavits of James Blackwell sworn to June 24, 2013, and July 1, 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 insofar as it seeks an extension of time to file and serve a petitioner's brief is granted on the condition that the brief is filed and served on or before October 7, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' brief shall be filed and served on or before November 12, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the proceeding is moved from this Court's day calendar for December 3, 2013, and added to the term of this Court commencing January 13, 2014, and

It is further ORDERED that the motion is otherwise denied.

Entered: September 12, 2013

Frances E. Cafarell, Clerk