PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.

DOCKET NO. CA 14-01443

IN THE MATTER OF ELVIS CASTILLO, PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

Respondent having moved to dismiss as moot the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 16, 2014, on the ground that petitioner has been transferred to another correctional facility, and to remand the religious exercise claim back to Supreme Court, and for an extension of time to file and serve a respondent's brief,

Now, upon reading and filing the affirmation of Frederick A. Brodie, Esq., dated May 29, 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 insofar as it seeks to dismiss as moot the appeal is denied, and

It is further ORDERED that the motion insofar as it seeks to remand the religious exercise claim back to Supreme Court is denied, with leave to raise such arguments in the respondent's brief, and

It is further ORDERED that motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before July 23, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 7, 2015.

Entered: June 23, 2015

Frances E. Cafarell, Clerk