| IN THE MATTER OF DAVID RHODES V JOHN B. LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 08-00759 |
| Slip Opinion No: 2008 NYSlipOp 82323(U) |
| Decided on September 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 08-00759
| IN THE MATTER OF DAVID RHODES, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate 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 April 4, 2008,
Now, upon reading and filing the affidavit of David Rhodes sworn to August 20, 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 and the petitioner's brief is accepted for filing, and
It is further ORDERED that respondent's briefs shall be filed and served on or before October 14, 2008, and the proceeding is added to the calendar for the term of this Court commencing January 12, 2009.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk