PEOPLE EX REL. HERBERT T. JONES V JOSEPH J. COSTELLO, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY
Motion No: KAH 04-00921
Slip Opinion No: 2009 NYSlipOp 65628(U)
Decided on March 3, 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.


March 3, 2009

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

KAH 04-00921
Index No: 2003-8076

PEOPLE OF THE STATE OF NEW YORK EX REL. HERBERT T. JONES,

PETITIONER-APPELLANT,

V

JOSEPH J. COSTELLO, SUPERINTENDENT, MID-STATE CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved pursuant to CPLR 2221(e) to renew the appeal from a judgment (denominated order) of the Supreme Court, Onondaga County, entered March 8, 2004, and for other relief,

Now, upon reading and filing the affidavit of Herbert T. Jones, sworn to January 12, 2009, 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 denied.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk