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

DOCKET NO. TP 17-01553

IN THE MATTER OF FRANK D'ANTUONO, PETITIONER, V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT.

Petitioner having moved for an order to vacate the order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 22, 2017, transferring this CPLR article 78 proceeding to this Court and remitting the matter back to Supreme Court, for an extension of time to file and serve a petitioner's brief (denominated a motion to vacate this Court's scheduling order), and for reimbursement of costs for the filing of this motion,

Now, upon reading and filing the affidavit of Frank D'Antuono sworn to October 11, 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 denied insofar as it seeks to vacate the transfer order and to remit the proceeding to Supreme Court, without prejudice and leave to renew any such arguments in support of or in opposition to this aspect of the motion in the parties' briefs, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a petitioner's brief to the extent that petitioner shall file and serve a brief in accordance with this Court's rules on or before December 15, 2017, and

It is further ORDERED that respondent shall file and serve a brief in accordance with this Court's rules on or before January 16, 2018, and

It is further ORDERED that the motion is denied insofar as it seeks reimbursement of the fee for filing this motion.

Entered: November 28, 2017

Mark W. Bennett, Clerk