| THE PEOPLE EX REL., ARIEL GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: KAH 18-00378 |
| Slip Opinion No: 2018 NY Slip Op 75764(U) |
| Decided on June 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, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. KAH 18-00378
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., ARIEL GARCIA,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on December 27, 2017, and respondents having cross-moved for an extension of time to file and serve a respondents' brief,
Now, upon reading and filing the affirmations of Rachel T. Goldberg, Esq., dated May 17, 2018, and May 30, 2018, the affirmation of Brian D. Ginsberg, Esq., dated May 29, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is denied, and
It is further ORDERED that respondents' cross motion for an extension of time to file and serve a respondents' brief is granted on the condition that the brief is filed and served on or before July 18, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 2, 2018.
Entered: June 18, 2018
Mark W. Bennett, Clerk