IN THE MATTER OF AYOTUNJI AKINLAWON V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 17-01994
Slip Opinion No: 2018 NY Slip Op 64224(U)
Decided on February 14, 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.


February 14, 2018

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

DOCKET NO. TP 17-01994

IN THE MATTER OF AYOTUNJI AKINLAWON, PETITIONER,

V

ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION, 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 Erie on November 14, 2017, and for assignment of counsel,

Now, upon reading and filing the statement of Ayotunji Akilawon dated December 28, 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 petitioner's brief is granted on the condition that petitioner's brief is filed and served on or before March 12, 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, and

It is further ORDERED that the proceeding is removed from this Court's day calendar for April 5, 2018, and is added to the term of this Court commencing May 14, 2018, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: February 14, 2018

Mark W. Bennett, Clerk