IN THE MATTER OF MERRIN DISTEFANO V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 18-00969
Slip Opinion No: 2018 NY Slip Op 77778(U)
Decided on July 10, 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.


July 10, 2018

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. TP 18-00969

IN THE MATTER OF MERRIN DISTEFANO, PETITIONER,

V

ANTHONY ANNUCCI, ACTING 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 Orleans on May 22, 2018,

Now, upon reading and filing the affidavit of Merrin DiStefano sworn to June 17, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before August 1, 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 September 5, 2018, and the Clerk is directed to accept the brief for filing.

Entered: July 10, 2018

Mark W. Bennett, Clerk