| IN THE MATTER OF ADAM BENNEFIELD V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 14-00599 |
| Slip Opinion No: 2014 NY Slip Op 74740(U) |
| Decided on June 6, 2014 |
| 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 14-00599
| IN THE MATTER OF ADAM BENNEFIELD, PETITIONER, V
ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, and 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 Wyoming on March 21, 2014, and for other relief,
Now, upon reading and filing the affidavit of Adam Bennefield sworn to May 13, 2014, 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 dismissed as unnecessary insofar as it seeks permission to proceed as a poor person, and
It is further ORDERED that the motion is granted insofar as it seeks an extension to file and serve a brief, on the condition that the brief is filed and served on or before July 7, 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 August 11, 2014, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: June 6, 2014
Frances E. Cafarell, Clerk