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

DOCKET NO. TP 14-00399

IN THE MATTER OF CHRISTOPHER NEWELL, PETITIONER, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

John R. Dangl, Jr., Esq., having moved to be relieved as counsel for petitioner on this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on February 28, 2014, and for petitioner to be granted an extension of time to file and serve a brief,

Now, upon reading and filing the affirmation of John R. Dangl, Jr., Esq., dated April 10, 2014, 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 insofar as it seeks to relieve John R. Dangl, Jr., Esq., as counsel for petitioner, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve petitioner's brief, on condition that the brief is filed and served on or before July 28, 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 September 2, 2014, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the proceeding is removed from the calendar for the term of this Court commencing October 20, 2014, and added to the calendar for the term of this Court commencing December 1, 2014, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 29, 2014

Frances E. Cafarell, Clerk