PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 13-01643

IN THE MATTER OF MICHAEL D. SCHMITT, PETITIONER, V HONORABLE JAMES J. PIAMPIANO, RESPONDENT.

Respondent having moved for dismissal of this CPLR article 78 proceeding for lack of personal jurisdiction, or, in the alternative for an extension of time to file and serve an answer and record of the proceedings,

Now, upon reading and filing the affirmation of Frank Brady, Esq., dated October 4, 2013, the notice of motion with proof of service thereof, and the affidavit of Michael D. Schmitt, Esq., sworn to October 17, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss this proceeding is denied, and

It is further ORDERED that petitioner's time to serve the petition and notice of petition is extended, in the interest of justice, and the petition and notice of petition are deemed to have been properly and timely served (see CPLR 306-b), and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve an answer and record of the proceedings is granted on the condition that the answer and record are filed and served no later than November 25, 2013, and

It is further ORDERED that petitioner shall file and serve a brief no later than December 30, 2013, and

It is further ORDERED that respondent's brief shall be filed and served no later than February 3, 2014, and

It is further ORDERED that the proceeding is removed from the term of this Court commencing February 24, 2014, and is added to the term of this Court commencing April 7, 2014.

Entered: October 24, 2013

Frances E. Cafarell, Clerk