| IN THE MATTER OF SAMUEL CABASSA V JOHN LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI |
| Motion No: TP 15-01454 |
| Slip Opinion No: 2015 NY Slip Op 89599(U) |
| Decided on November 4, 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 15-01454
| IN THE MATTER OF SAMUEL CABASSA, PETITIONER, V JOHN LEMPKE,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS. |
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 Erie on August 31, 2015,
Now, upon reading and filing the affidavit of Samuel Cabassa sworn to September 27, 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 December 15, 2015, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondents' brief shall be filed and served on or before January 19, 2016, and the Clerk is directed to accept the brief for filing.
Entered: November 4, 2015
Frances E. Cafarell, Clerk