| Matter of Encarnacion v Commissioner, Department of Corre |
| Motion No: 2006-02350 |
| Slip Opinion No: 2006 NYSlipOp 69939(U) |
| Decided on June 6, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M40439
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-02350 In the Matter of Josue Encarnacion, etc., petitioner, v Commissioner, Department of Correctional Services, etc., respondent.
(Index No. 4975/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Dutchess County, entered March 8, 2006, on the original papers.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.
MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court