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

DOCKET NO. OP 13-01823

IN THE MATTER OF ERIC W. WIEGAND, PETITIONER, V HONORABLE JOHN H. CRANDALL, RESPONDENT.

Respondent having moved to dismiss this CPLR article 78 proceeding on the grounds that the proceeding is time-barred under the statute of limitations and for failure to obtain personal jurisdiction over respondent, and respondent having moved, 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 31, 2013, the notice of motion with proof of service thereof, the statement of Todd D. Bennett, Esq. dated November 14, 2013, and the affidavit of Mary C. Kingston sworn to November 14, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the proceeding with leave for respondent to raise the issues raised in the motion to dismiss in respondent's answer and brief, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve an answer and record of the proceedings on the condition that the answer and record are filed and serve on or before February 13, 2014, and

It is further ORDERED that petitioner shall file and serve a brief on or before March 17, 2014, and

It is further ORDERED that respondent shall file and serve a respondent's brief on or before April 21, 2014, and

It is further ORDERED that the proceeding is removed from the term of this Court commencing April 7, 2014, and added to the term of this Court commencing May 19, 2014.

Entered: January 24, 2014

Frances E. Cafarell, Clerk