PEOPLE EX REL. ROBERT C. HINTON, JR. V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 07-01507 & KA 07-01800
Slip Opinion No: 2009 NYSlipOp 62198(U)
Decided on January 22, 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 22, 2009

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

KAH 07-01507 & KA 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 permission to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Caygua County, rendered May 9, 2007, and the order of Supreme Court, Cayuga County, entered June 15, 2007,

Now upon reading and filing the statement of Robert C. Hinton, dated December 6, 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, dismissed as unnecessary.

Memorandum: Petitioner may file and serve a pro se supplemental brief within 45 days of the date that assigned counsel mails his completed brief to petitioner (see 22 NYCRR 1000.3[f]).

Entered: January 22, 2009

JoAnn M. Wahl, Clerk