| IN THE MATTER OF ORLANDO RIOS V NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING UNIT, MIDSTATE CORRECTIONAL FACILITY |
| Motion No: TP 08-01893 |
| Slip Opinion No: 2008 NYSlipOp 91695(U) |
| Decided on December 9, 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 08-01893
| IN THE MATTER OF ORLANDO RIOS, PETITIONER, V NORMAN R. BEZIO,
DIRECTOR, SPECIAL HOUSING UNIT, MIDSTATE CORRECTIONAL FACILITY, 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 Oneida on August 26, 2008, and for permission to proceed on a lesser number of copies of his brief,
Now, upon reading and filing the affidavits of Orlando Rios sworn to September 17, 2008 and November 5, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal be, and the same hereby is, granted, on the condition that petitioner file and serve his brief on or before February 9, 2009, and the motions are otherwise denied, and
It is further ORDERED that respondent�s briefs shall be filed and served on or before March 16, 2009, and the proceeding shall be added to the calendar for the term of this Court commencing May 11, 2009.
Entered: December 9, 2008
JoAnn M. Wahl, Clerk