In the Matter of Edward Koehl Petitioner v Brian Fischer as Commissioner of Correctional Services

Motion No: 503398

Slip Opinion No: 2008 NYSlipOp 61560(U)

Decided on January 4, 2008

Appellate Division, Third 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.

Decided and Entered: January 4, 2008

Case # 503398

In the Matter of EDWARD KOEHL, Petitioner, v BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

DECISION AND ORDER ON MOTION

Motion to review an exhibit attached to respondent's answer.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without costs prejudice to the issues of the accuracy of respondent's exhibit B being raised upon the argument of the proceeding. Petitioner may file and serve a supplemental brief on or before February 8, 2008.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court