| IN THE MATTER OF JOHN MAIDA V DONALD SELSKY, DIRECTOR, SPECIAL HOUSING UNIT, NEW YORK STATE DEPARTMENT OF CORRECTIONAL |
| Motion No: TP 08-01060 |
| Slip Opinion No: 2008 NYSlipOp 72724(U) |
| Decided on May 15, 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 08-01060
| IN THE MATTER OF JOHN MAIDA, PETITIONER, V DONALD SELSKY,
DIRECTOR, SPECIAL HOUSING UNIT, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES DIRECTOR,
RESPONDENT. |
Petitioner having moved to dismiss 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 Livingston on January 25, 2008, on the ground that the transfer order was not timely entered,
Now, upon reading and filing the affidavit of John Maida sworn to April 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Victor Paladino dated April 21, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: May 15, 2008
JoAnn M. Wahl, Clerk