IN THE MATTER OF THOMAS J. DEACON V HON. RONALD D. PLOETZ, CATTARAUGUS COUNTY COURT JUDGE, AND TIMOTHY S. WHITCOMB, IN
Motion No: OP 17-00829
Slip Opinion No: 2017 NY Slip Op 77720(U)
Decided on June 19, 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.


June 19, 2017

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

DOCKET NO. OP 17-00829

IN THE MATTER OF THOMAS J. DEACON, PETITIONER,

V

HON. RONALD D. PLOETZ, CATTARAUGUS COUNTY COURT JUDGE, AND

TIMOTHY S. WHITCOMB, IN HIS OFFICIAL CAPACITY AS SHERIFF,

CATTARAUGUS COUNTY SHERIFF'S DEPARTMENT, RESPONDENTS.


Respondent Honorable Ronald D. Ploetz, Cattaraugus County Court Judge, having moved for an extension of time to file and serve an answer in this CPLR article 78 proceeding commenced in this Court,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq., dated May 26, 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 respondent Hon. Ronald D. Ploetz files an answer and 10 copies thereof with proof of service of two copies on petitioner on or before June 30, 2017, and

It is further ORDERED that petitioner shall file 10 copies of a brief with proof of service of two copies on or before July 28, 2017, and

It is further ORDERED that respondents shall each file 10 copies of a brief with proof of service of two copies on or before August 28, 2017.

Entered: June 19, 2017

Frances E. Cafarell, Clerk