| IN THE MATTER OF PETE RAMOS V MALCOLM R. CULLY, SUPERINTENDENT, LIVINGSTON COUNTY CORRECTIONAL FACILITY AND DONALD |
| Motion No: TP 08-01567 |
| Slip Opinion No: 2008 NYSlipOp 91714(U) |
| Decided on December 10, 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 08-01567
| IN THE MATTER OF PETE RAMOS, PETITIONER, V MALCOLM R. CULLY,
SUPERINTENDENT, LIVINGSTON COUNTY CORRECTIONAL FACILITY AND DONALD SELSKY, DIRECTOR, SHU/INMATE DISCIPLINARY PROGRAMS, NEW YORK
STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS. |
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 Livingston on July 1, 2008, and for permission to proceed on a lesser number of copies of his brief,
Now, upon reading and filing the affidavits of Pete Ramos sworn to November 12, 2008 and November 13, 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 January 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 February 13, 2009, and the proceeding shall be added to the calendar for the term of this Court commencing May 11, 2009.
Entered: December 10, 2008
JoAnn M. Wahl, Clerk