| IN THE MATTER OF FRANK D'ANTUONO V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 17-01553 |
| Slip Opinion No: 2018 NY Slip Op 62417(U) |
| Decided on January 18, 2018 |
| 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, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.
DOCKET NO. TP 17-01553
| IN THE MATTER OF FRANK D'ANTUONO, PETITIONER, V HAROLD
GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT. |
Respondent 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 Cayuga on August 22, 2017, and to adjourn the proceeding,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated December 27, 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 respondent's brief is granted on the condition that the brief is filed and served on or before February 16, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion insofar as it seeks to adjourn the proceeding is granted, and the proceeding is removed from this Court's day calendar for February 20, 2018, and is added to the term of this Court commencing April 3, 2018.
Entered: January 18, 2018
Mark W. Bennett, Clerk