| MATTER OF NORMAN FERGUSON V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND BRIAN FISCHER |
| Motion No: TP 07-02710 |
| Slip Opinion No: 2008 NYSlipOp 67046(U) |
| Decided on March 17, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 07-02710
| MATTER OF NORMAN FERGUSON, PETITIONER, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTION SERVICES, RESPONDENTS. |
Respondents having moved for permission to file an amended answer in 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 Erie on December 20, 2007,
Now, upon reading and filing the affirmation of Frank Brady dated February 26, 2008, the notice of motion with proof of service thereof, the objection of Norman Ferguson dated
February 26, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the amended answer is accepted for filing.
Entered: March 17, 2008
JoAnn M. Wahl, Clerk