| MATTER OF JOHN NAVAREZ V MR. KHAHIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: TP 09-00013 |
| Slip Opinion No: 2009 NYSlipOp 69160(U) |
| Decided on April 7, 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 09-00013
| MATTER OF JOHN NAVAREZ, PETITIONER, V MR. KHAHIFA,
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 December 31, 2008,
Now, upon reading and filing the affidavit of John Nevarez sworn to March 16, 1009, 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, on the condition that petitioner file and serve his brief on or before May 22, 2009, and
It is further ORDERED that respondent's briefs shall be filed and served on or before June 26, 2009, and the proceeding is hereby added to the calendar for the term of this Court commencing September 8, 2009.
Entered: April 7, 2009
Patricia L. Morgan, Deputy Clerk