IN THE MATTER OF VICTOR ALTHEUS DEPONCEAU V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
Motion No: TP 17-00671
Slip Opinion No: 2017 NY Slip Op 74140(U)
Decided on May 15, 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.


May 15, 2017

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

DOCKET NO. TP 17-00671

IN THE MATTER OF VICTOR ALTHEUS DEPONCEAU, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ET

AL., RESPONDENTS-RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a 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 April 5, 2017,

Now, upon reading and filing the statement of Victor Altheus Deponceau dated April 23, 2017, 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 petitioner's brief is filed and served on or before June 21, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondents' briefs shall be filed and served on or before July 26, 2017, and the Clerk is directed to accept the briefs for filing.

Entered: May 15, 2017

Frances E. Cafarell, Clerk