| IN THE MATTER OF MICHAEL FREDERICK V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION LT. DANIEL |
| Motion No: TP 16-00313 |
| Slip Opinion No: 2016 NY Slip Op 77488(U) |
| Decided on June 21, 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 16-00313
| IN THE MATTER OF MICHAEL FREDERICK, PETITIONER, V NEW YORK
STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION LT. DANIEL WALAWENDER, RESPONDENT. |
Respondent having moved for permission to supplement their answer and return with a complete transcript of the hearing at issue in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on February 24, 2016, and for other relief,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated May 10, 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 insofar as it seeks permission to supplement the answer and return to include a complete copy of the hearing transcript is granted, and respondent shall file and serve the amended answer on or before July 6, 2016, and
It is further ORDERED that petitioner may file and serve 10 copies of a supplemental brief in accordance with this Court's rules, on or before August 5, 2016, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted, and respondent shall filed and serve its brief on or before September 6, 2016.
Entered: June 21, 2016
Frances E. Cafarell, Clerk