| IN THE MATTER OF JESSE LUSCOMB V SUSAN KICKBUSH, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY |
| Motion No: TP 16-00093 |
| Slip Opinion No: 2016 NY Slip Op 71941(U) |
| Decided on April 25, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 16-00093
| IN THE MATTER OF JESSE LUSCOMB, PETITIONER, V SUSAN KICKBUSH,
SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a petitioner's 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 October 28, 2015,
Now, upon reading and filing the affidavit of Jesse Luscomb sworn to April 5, 2016, 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 dismissed without prejudice to a motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).
Entered: April 25, 2016
Frances E. Cafarell, Clerk