| IN THE MATTER OF ORLANDO RIOS V KENNETH S. PERLMAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY |
| Motion No: TP 08-00570 |
| Slip Opinion No: 2008 NYSlipOp 77342(U) |
| Decided on July 3, 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 08-00570
| IN THE MATTER OF ORLANDO RIOS, PETITIONER, V KENNETH S.
PERLMAN, SUPERINTENDENT, MID-STATE 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 Oneida on January 28, 2008,
Now, upon reading and filing the affidavit of Orlando Rios sworn to June 6, 2008, the notice of motion with proof of service thereof, 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's brief is filed and served on or before August 1, 2008, and
It is further ORDERED that respondent's briefs shall be filed and served on or before September 5, 2008, and the proceeding is hereby added to the calendar for the term of this Court commencing December 1, 2008.
Entered: July 3, 2008
JoAnn M. Wahl, Clerk