| MATTER OF JOHN RICHARD, V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 07-02299 |
| Slip Opinion No: 2009 NYSlipOp 62217(U) |
| Decided on January 23, 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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 07-02299
| MATTER OF JOHN RICHARD, PETITIONER V THOMAS POOLE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having renewed his motion for costs on 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 Seneca on October 31, 2007, and for other relief,
Now, upon reading and filing the affidavit of John Richard sworn to December 23, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Marcus J. Mastracco dated January 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Raab v Dumblewski 226 AD2d 1021, 1024 [1996]).
Entered: January 23, 2009
JoAnn M. Wahl, Clerk