| IN THE MATTER OF FREDERICK FRANKLIN, JR. V JOSEPH A. D'AMICO, SUPERINTENDENT, NEW YORK STATE DIVISION OF STATE POLICE |
| Motion No: TP 13-01542 |
| Slip Opinion No: 2013 NY Slip Op 93944(U) |
| Decided on December 6, 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., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ.
DOCKET NO. TP 13-01542
| IN THE MATTER OF FREDERICK FRANKLIN, JR., PETITIONER,
V JOSEPH A. D'AMICO, SUPERINTENDENT, NEW YORK STATE DIVISION OF STATE POLICE,
RESPONDENT. |
Respondent 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 Erie on March 26, 2013,
Now, upon reading and filing the affirmation of Laura Etlinger, Esq., dated November 18, 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 granted on the condition that the brief is filed and served on or before December 23, 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 January 7, 2014.
Entered: December 6, 2013
Frances E. Cafarell, Clerk