| IN THE MATTER OF SHAWN COLEMAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND |
| Motion No: TP 08-02396 |
| Slip Opinion No: 2009 NYSlipOp 64629(U) |
| Decided on February 25, 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: MARTOCHE, J.P., SMITH, CENTRA, FAHEY AND PINE, JJ.
DOCKET NO. TP 08-02396
| IN THE MATTER OF SHAWN COLEMAN, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENTS. |
Respondents having moved to amend the record 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 Cayuga on November 12, 2008,
Now, upon reading and filing the affirmation of Marcus J. Mastracco dated February 4, 2009, the notice of motion with proof of service thereof, the opposing statement of Shawn Coleman dated February 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the amended record is filed and served on or before March 12, 2009, and the Clerk is directed to accept the amended record for filing.
Entered: February 25, 2009
JoAnn M. Wahl, Clerk