| IN THE MATTER OF RICHARD SUNDAY IFILL V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 08-01201 |
| Slip Opinion No: 2008 NYSlipOp 86985(U) |
| Decided on October 22, 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 08-01201
| IN THE MATTER OF RICHARD SUNDAY IFILL, PETITIONER, V BRIAN
FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, 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 Seneca on May 30, 2008,
Now, upon reading and filing the statement of Dr. Richard Sunday Ifill dated September 22, 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 file and serve his brief on or before November 21, 2008, and
It is further ORDERED that respondent's brief shall be filed and served on or before December 29, 2008, and
It is further ORDERED that the proceeding is added to the calendar for the term of this Court commencing February 23, 2009.
Entered: October 22, 2008
JoAnn M. Wahl, Clerk