JEFFREY JOSEPH V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: TP 16-00104
Slip Opinion No: 2016 NY Slip Op 71067(U)
Decided on April 18, 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.


April 18, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 16-00104

JEFFREY JOSEPH, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-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 Wyoming on January 14, 2016,

Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated March 28, 2016, and the notice of motion with proof of service thereof, and the affirmation of Leah Rene Nowotarski, Esq., dated April 4, 2016, 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 May 11, 2016, and the Clerk is directed to accept the brief for filing.

Entered: April 18, 2016

Frances E. Cafarell, Clerk