IN THE MATTER OF BURNELL A. MCLEOD V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY
Motion No: TP 18-00186
Slip Opinion No: 2018 NY Slip Op 68899(U)
Decided on April 2, 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.


April 2, 2018

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

DOCKET NO. TP 18-00186

IN THE MATTER OF BURNELL A. MCLEOD, PETITIONER,

V

STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL

FACILITY, 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 December 4, 2017,

Now, upon reading and filing the affidavit of Burnell McLeod sworn to March 18, 2018, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated March 27, 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 April 30, 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 May 22, 2018, and the Clerk is directed to accept the brief for filing.

Entered: April 2, 2018

Mark W. Bennett, Clerk