| MATTER OF JOHN RICHARD, V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 07-02299 |
| Slip Opinion No: 2008 NYSlipOp 83409(U) |
| Decided on September 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: HURLBUTT, J.P., MARTOCHE, SMITH, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 07-02299
| MATTER OF JOHN RICHARD, PETITIONER V THOMAS POOLE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for costs on 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 October 31, 2007, and for other relief,
Now, upon reading and filing the affidavit of John Richard sworn to August 4, 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, denied.
Entered: September 15, 2008
JoAnn M. Wahl, Clerk