| IN THE MATTER OF CHARLES CALDARA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-02185 |
| Slip Opinion No: 2018 NY Slip Op 63680(U) |
| Decided on February 6, 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, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 17-02185
| IN THE MATTER OF CHARLES CALDARA, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT. |
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 Cayuga on December 12, 2017,
Now, upon reading and filing the statement of Charles Caldara dated January 22, 2018, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated January 22, 2018, 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 March 7, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before April 11, 2018, and the Clerk is directed to accept the brief for filing.
Entered: February 6, 2018
Mark W. Bennett, Clerk