IN THE MATTER OF JOSE MEDINA V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: TP 14-02248
Slip Opinion No: 2015 NY Slip Op 63133(U)
Decided on February 3, 2015
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.


February 3, 2015

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

DOCKET NO. TP 14-02248

IN THE MATTER OF JOSE MEDINA, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION, 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 an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on April 7, 2014,

Now, upon reading and filing the affidavit of Jose Medina sworn to January 14, 2015, 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 petitioner's brief is filed and served on or before March 4, 2015, 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 April 8, 2015, and the Clerk is directed to accept the brief for filing.

Entered: February 3, 2015

Frances E. Cafarell, Clerk