IN THE MATTER OF WILLIE BRIGHT V DANIEL F. MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
Motion No: TP 24-01023
Slip Opinion No: 2024 NY Slip Op 74314(U)
Decided on September 5, 2024
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.


September 5, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTET, JJ.

TP 24-01023

IN THE MATTER OF WILLIE BRIGHT, PETITIONER,

V

DANIEL F. MARTUSCELLO, III, 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 amended answer on the proceeding transferred to this Court by order of the Supreme Court, Wyoming County, entered June 28, 2024,

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 insofar as it seeks an extension of time for respondent to file and serve an answer to the amended petition is granted on the condition that the answer is filed and served on or before September 18, 2024, and,

It is further ORDERED that petitioner is to file and serve a supplemental brief on or before October 8, 2024, and

It is further ORDERED that respondent's brief shall be filed and served on or before October 28, 2024.

Entered: September 5, 2024

Ann Dillon Flynn

Clerk of the Court