PEOPLE EX REL. DARRYL P. LYNCH V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 39296
Motion No: KAH 07-01305
Slip Opinion No: 2008 NYSlipOp 81362(U)
Decided on August 21, 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.


August 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

KAH 07-01305

PEOPLE OF THE STATE OF NEW YORK EX REL.

DARRYL P. LYNCH, PETITIONER-APPELLANT,

V

THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.

Index No: 39296


The Attorney General of the State of New York having moved for leave to file a brief amicus curiae on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca, on April 19, 2007,

Now, upon reading and filing the affirmation of Kate H. Nepveu, dated July 11, 2008, the notice of motion with proof of service thereof, the letter of Charles J. Greenberg, dated July 21, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted and the Attorney General of the State of New York is granted leave to file a brief amicus curiae on or before September 19, 2008 without oral argument.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk