| 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 81246(U) |
| Decided on July 24, 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: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, 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, and for poor person relief,
Now, upon reading and filing the affidavits of Victor Altheus Deponceau sworn to June 15, 2017 and June 19, 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 insofar as it seeks an extension of time to file and serve a brief is granted to the extent that the first ordering paragraph of the order of this Court entered May 15, 2017, is hereby amended by deleting the date June 21, 2017, and inserting in its place the date August 14, 2017, and
It is further ORDERED that second ordering paragraph of the order of this Court entered May 15, 2017, is hereby amended by deleting the date July 26, 2017, and inserting in its place the date September 14, 2017, and
It is further ORDERED that the motion seeking permission to proceed as a poor person is dismissed as unnecessary.
Entered: July 24, 2017
Frances E. Cafarell, Clerk