PEOPLE EX REL. ROBERT C. HINTON, JR. V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 07-01507 & KAH 07-01800
Slip Opinion No: 2008 NYSlipOp 91628(U)
Decided on December 4, 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.


December 4, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KAH 07-01507 & KAH 07-01800
Index No: 2007-0160

PEOPLE OF THE STATE OF NEW YORK EX REL.

ROBERT C. HINTON, JR., PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for reargument and for leave to appeal to the Court of Appeals from the order of this Court entered October 23, 2008,

Now, upon reading and filing the statements of Robert C. Hinton, Jr., dated October 30, 2008 and November 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Frank Brady, dated November 13, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: December 4, 2008

JoAnn M. Wahl, Clerk