| IN THE MATTER OF NOEL KANE V NUNZIO DOLDO, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY |
| Motion No: TP 17-00147 |
| Slip Opinion No: 2017 NY Slip Op 65768(U) |
| Decided on February 28, 2017 |
| 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 17-00147
| IN THE MATTER OF NOEL KANE, PETITIONER, V NUNZIO DOLDO,
SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. |
Respondent having moved for an extension of time to file and serve an answer and record of proceedings 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 Jefferson on December 12, 2016,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated February 6, 2017, the notice of motion with proof of service thereof, and the affidavit of Noel Kane sworn to February 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and respondent shall file and serve the answer and record of proceedings on or before March 7, 2017, and
It is further ORDERED that petitioner's brief shall be filed and served on or before March 28, 2017, in accordance with the Court's rules, and
It is further ORDERED that respondent's brief shall be filed and served on or before April 14, 2017.
Entered: February 28, 2017
Frances E. Cafarell, Clerk