| IN THE MATTER OF FRANCISCO TIRADO V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-01410 |
| Slip Opinion No: 2016 NY Slip Op 88913(U) |
| Decided on October 17, 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 16-01410
| IN THE MATTER OF FRANCISCO TIRADO, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, for an extension of time to file and serve a brief on this CPLR article 78 proceed transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 10, 2016, and for other relief,
Now, upon reading and filing the affidavit of Francisco Tirado sworn to September 27, 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 an extension of time to file and serve a brief is granted on the condition that the brief is filed and served on or before December 2, 2016, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: October 17, 2016
Frances E. Cafarell, Clerk