| MATTER OF LEROY JOHNSON V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 22-00878 |
| Slip Opinion No: 2022 NY Slip Op 71358(U) |
| Decided on August 29, 2022 |
| 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 LINDLEY, JJ.
TP 22-00878
| MATTER OF LEROY JOHNSON, PETITIONER, V STEWART T.
ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for a judgment in his favor on the ground that respondent did not timely file a brief in this proceeding transferred to this Court by order of Supreme Court, Erie County, entered September 23, 2021,
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 dismissed on the ground that respondent obtained an extension of time to file a brief to September 23, 2022.
Entered: August 29, 2022
Ann Dillon Flynn
Clerk of the Court