| 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 64840(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, and for other relief,
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 and respondents� brief are filed and served on or before March 26, 2009, and the Clerk is directed to accept the amended record and brief for filing, and It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 10, 2009, and the proceeding is hereby removed from the March 31, 2009 day calendar of this Court and added to the calendar for the term commencing May 11, 2009.
Entered: February 25, 2009
JoAnn M. Wahl, Clerk