IN THE MATTER OF SAMUEL WALTON V JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND ANTHONY ANNUCCI
Motion No: TP 16-00103
Slip Opinion No: 2016 NY Slip Op 77476(U)
Decided on June 20, 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.


June 20, 2016

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

DOCKET NO. TP 16-00103

IN THE MATTER OF SAMUEL WALTON, PETITIONER,

V

JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY AND ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a reply 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 January 19, 2016,

Now, upon reading and filing the affidavit of Samuel Walton sworn to June 1, 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 granted on the condition that the brief is filed and served on or before July 5, 2016, and the Clerk is directed to accept the brief for filing.

Entered: June 20, 2016

Frances E. Cafarell, Clerk