| IN THE MATTER OF ELBERT WELCH V S. KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: TP 08-02279 |
| Slip Opinion No: 2009 NYSlipOp 65641(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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-02279
| IN THE MATTER OF ELBERT WELCH, PETITIONER, V S. KHAHAIFA,
SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate the dismissal of 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 Orleans on October 24, 2008, and for other relief,
Now, upon reading and filing the affidavit of Elbert Welch sworn to February 10, 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, granted, to the extent that petitioner may file and serve his brief on or before May 4, 2009, and the motion is otherwise denied, and
It is hereby further ORDERED that respondent's brief shall be filed and served on or before June 8, 2009, and the proceeding shall be added to the calendar for the term of this Court commencing September 8, 2009.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk