| MATTER OF JOHN RICHARD, V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 07-02299 |
| Slip Opinion No: 2008 NYSlipOp 68873(U) |
| Decided on April 8, 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 07-02299
| MATTER OF JOHN RICHARD, PETITIONER V THOMAS POOLE,
SUPERINTENDENT, FIVE POINTS 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 Seneca on October 31, 2007, and for other relief,
Now, upon reading and filing the affidavits of John Richard sworn to February 17, 2008 and February 26, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate the dismissal be, and the same hereby is, granted, on the condition that petitioner file and serve briefs on or before May 8, 2008, and
It is further ORDERED that the motions are otherwise denied.
Entered: April 8, 2008
JoAnn M. Wahl, Clerk