| MATTER OF JEROME MACK V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND DONALD SELSKY |
| Motion No: TP 07-02619 |
| Slip Opinion No: 2008 NYSlipOp 70687(U) |
| Decided on April 28, 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 07-02619
| MATTER OF JEROME MACK, PETITIONER, V ROBERT A. KIRKPATRICK,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND DONALD SELSKY, DIRECTOR, SHU/INMATE DISCIPLINARY PROGRAM, NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS. |
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 Erie on December 12, 2007,
Now, upon reading and filing the affidavit of Jerome Mack sworn to April 3, 2008, the notice of motion with proof of service thereof, the affirmation of Kathleen M. Treasure dated April 15, 2008, 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 May 28, 2008, and
It is further ORDERED that respondents' briefs shall be filed and served on or before July 2, 2008, and the proceeding is added to the calendar for the term of this Court commencing October 20, 2008.
Entered: April 28, 2008
JoAnn M. Wahl, Clerk