| IN THE MATTER OF DAVID RHODES V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 15-01517 |
| Slip Opinion No: 2016 NY Slip Op 60545(U) |
| Decided on January 4, 2016 |
| 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: SMITH, A.P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. TP 15-01517
| IN THE MATTER OF DAVID RHODES, PETITIONER, V MICHAEL SHEAHAN,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, 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 Seneca on September 2, 2015,
Now, upon reading and filing the affidavit of David Rhodes sworn to December 9, 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 to the extent that the first ordering paragraph of the order of this Court entered November 30, 2015, is hereby amended by deleting the date December 22, 2015, and inserting in its place the date February 22, 2016, and
It is further ORDERED that the second ordering paragraph of the order of this Court entered November 20, 2015, is hereby amended by deleting the date January 26, 2016, and inserting in its place the date March 28, 2015, and
It is further ORDERED that the appeal is removed from the term of this Court commencing April 4, 2016, and added to the calendar for the term of this Court commencing May 16, 2016.
Entered: January 4, 2016
Frances E. Cafarell, Clerk