IN THE MATTER OF RICHARD BRINK V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF RICHARD BRINK V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: TP 19-00119

Slip Opinion No: 2019 NY Slip Op 62235(U)

Decided on January 28, 2019

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.

January 28, 2019

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

DOCKET NO. TP 19-00119

IN THE MATTER OF RICHARD BRINK, PETITIONER,
V
ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT.

Respondent having moved for an extension of time to file and serve an answer 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 Oneida on November 20, 2018,

Now, upon reading and filing the affirmation of Sean B. Virkler, Esq., dated January 8, 2019, 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 answer is filed and served on or before February 11, 2019, and the Clerk is directed to accept the brief for filing.

Entered: January 28, 2019

Mark W. Bennett, Clerk