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 79592(U)
Decided on July 30, 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 30, 2018

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

JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, RESPONDENTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 27, 2017,

Now, upon reading and filing the affirmation of Brian D. Ginsberg, Esq., dated July 17, 2018, the notice of motion with proof of service thereof, and the affirmation of Jan Hoth, Esq., dated July 26, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered June 18, 2018, is hereby amended by deleting the date July 18, 2018, and inserting in its place the date August 31, 2018, and

It is further ORDERED that the third ordering paragraph of the order of this Court entered June 18, 2018, is hereby amended by deleting the date August 2, 2018, and inserting in its place the date September 17, 2018.

Entered: July 30, 2018

Mark W. Bennett, Clerk