| IN THE MATTER OF JOHN SPENCER V ALBERT PRACK, DEPUTY COMMISSIONER, INMATE DISCIPLINARY PROGRAM AND SPECIAL HOUSING UINT |
| Motion No: TP 13-01830 |
| Slip Opinion No: 2013 NY Slip Op 93948(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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 13-01830
| IN THE MATTER OF JOHN SPENCER, PETITIONER, V
ALBERT PRACK, DEPUTY COMMISSIONER, INMATE DISCIPLINARY PROGRAM AND SPECIAL HOUSING UINT, ET AL.,
RESPONDENT. |
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 Cayuga on October 8, 2013,
Now, upon reading and filing the affidavit of John Spencer sworn to November 8, 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 January 6, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before February 10, 2014, and the Clerk is directed to accept the brief for filing.
Entered: December 6, 2013
Frances E. Cafarell, Clerk