| IN THE MATTER OF LUCIANO SPATARO V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION |
| Motion No: TP 15-01078 |
| Slip Opinion No: 2015 NY Slip Op 84041(U) |
| Decided on September 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-01078
| IN THE MATTER OF LUCIANO SPATARO, PETITIONER, V NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT. |
Respondent 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 Erie on June 16, 2015,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated August 18, 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 the brief is filed and served on or before October 14, 2015, and the Clerk is directed to accept the brief for filing.
Entered: September 3, 2015
Frances E. Cafarell, Clerk