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

TP 20-01546

IN THE MATTER OF RASHOD COSTON, PETITIONER, V JAMES THOMPSON, SUPERINTENDENT, COLLINS 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, Erie County, entered November 17, 2020, and having moved for permission to file only one original and two copies of the brief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to file a brief, and the time is extended to August 2, 2021, and if petitioner's brief is not properly filed by that date in accordance with this Court's rules, the proceeding will be deemed dismissed without further order, and

It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before September 7, 2021, in accordance with the Court's rules, and

It is further ORDERED that the motion insofar as it seeks permission to file only one original and two copies of petitioner's brief is denied.

Memorandum: No further extensions of time to file a petitioner's brief will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: July 21, 2021

Mark W. Bennett

Clerk of the Court