| MATTER OF ADAM BENNEFIELD V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 07-02004 |
| Slip Opinion No: 2007 NYSlipOp 87370(U) |
| Decided on December 26, 2007 |
| 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: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. TP 07-02004
| MATTER OF ADAM BENNEFIELD, PETITIONER, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate the dismissal of the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on October 2, 2007,
Now, upon reading and filing the affidavits of Adam Bennefield sworn to
November 17, 2007 and December 12, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that petitioner file and serve his brief on or before January 25, 2008, and
It is further ORDERED that respondent's brief shall be filed and served on or before February 29, 2008, and
It is further ORDERED that the proceeding shall be added to the calendar for the term of this Court commencing May 12, 2008.
Entered: December 26, 2007
JoAnn M. Wahl, Clerk