United States District Court, S.D. New York
September 6, 2005.
Gives, et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Dear Judge Kaplan:
I am an Assistant Attorney General in the Office of Eliot
Spitzer, Attorney General of the State of New York, counsel for
defendant Alan Croce, Commissioner of the State Commission of
Correction. I am writing respectfully to request an extension of
time for defendant to answer or otherwise move with respect to
the above-captioned complaint, up to and including September 23,
2005. Defendant Croce was served with a copy of the complaint on
August 12, 2005, making his responsive pleading due by September
However, one of the other defendants named on the complaint,
Commissioner Glenn Goord of the New York State Department of
Correctional Services, has not yet been served with a copy of the
complaint. Nevertheless, the Office of the Attorney General
anticipate that we will be representing Commissioner Goord as
well, if and when he is properly served. In the interest of
judicial economy, I respectfully request the extension of time in
order to afford plaintiff the opportunity to serve Commissioner
Goord and defendants to make one answer or motion on behalf of
both Commissioners Croce and Goord. By making this request on
behalf of Commissioner Croce, I am not waiving any rights that
Commissioner Goord, who has not yet been served may have, such as
the right to assert the defense of lack of personal jurisdiction.
This is the defendant's first request for an extension of time.
Plaintiff has not been consulted because of the difficulties in
communicating with pro se inmates.
The reason for the extension request until September 23, 2005
is to allow the Office of the Attorney General to make the appropriate representation
determinations for both of the state defendants named under the
New York Public Officers' Law § 17 and to file an appropriate
responsive pleading once Commissioner Goord has been properly
served. I thank the Court for its consideration in this matter.
© 1992-2005 VersusLaw Inc.