| MATTER OF JOHN NAVAREZ V MR. KHAHIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: TP 09-00013 |
| Slip Opinion No: 2009 NY Slip Op 78846(U) |
| Decided on July 21, 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 June 17, 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, on the condition that petitioner file and serve his brief on or before August 19, 2009, and
It is further ORDERED that respondent's briefs shall be filed and served on or before September 23, 2009, and the proceeding is hereby added to the calendar for the term of this Court commencing November 30, 2009.
Entered: July 21, 2009
Patricia L. Morgan, Clerk