| THE PEOPLE EX REL., DAVID F. TUSZYNSKI V SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY |
| Motion No: KAH 13-00519 |
| Slip Opinion No: 2013 NY Slip Op 95255(U) |
| Decided on December 23, 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.
KAH 13-00519
Index No: 2012-0705
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID F.
TUSZYNSKI, PETITIONER-APPELLANT, V SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a memorandum decision and order of Supreme Court, Cayuga County entered October 29, 2012,
Now upon reading and filing the affidavit of David F. Tuszynski sworn to November 25, 2013, 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 to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 22, 2014, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before February 6, 2014.
Entered: December 23, 2013
Frances E. Cafarell, Clerk