IN THE MATTER OF NORMAN R. DESNOYERS V NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING, NEW YORK STATE DEPARTMENT OF

IN THE MATTER OF NORMAN R. DESNOYERS V NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING, NEW YORK STATE DEPARTMENT OF

Motion No: TP 08-01171

Slip Opinion No: 2009 NYSlipOp 61525(U)

Decided on January 20, 2009

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.

January 20, 2009

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

DOCKET NO. TP 08-01171

IN THE MATTER OF NORMAN R. DESNOYERS, PETITIONER,
V
NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING, 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 Orleans on May 19, 2008,

Now, upon reading and filing the affidavits of Norman R. Desnoyers sworn to December 23, 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 February 19, 2009, and

It is furthered ORDERED that respondent's brief shall be filed and served on or before March 26, 2009, and the proceeding shall be added to the calendar for the term of this Court commencing June 15, 2009.

Entered: January 20, 2009

JoAnn M. Wahl, Clerk