| IN THE MATTER OF CHIWANA CRANDELL V ALBERT PRACK, DSA LOWERRE, LT. CARR AND C.O. PHELPS |
| Motion No: TP 13-01263 |
| Slip Opinion No: 2013 NY Slip Op 87125(U) |
| Decided on October 1, 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 13-01263
| IN THE MATTER OF CHIWANA CRANDELL, PETITIONER, V
ALBERT PRACK, DSA LOWERRE, LT. CARR AND C.O. PHELPS, 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 Orleans on July 15, 2013,
Now, upon reading and filing the affidavit of Chiwana Crandall sworn to September 17, 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 dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).
Entered: October 1, 2013
Frances E. Cafarell, Clerk