| IN THE MATTER OF TROY BRITT V NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY, NEW YORK STATE DEPARTMENT |
| Motion No: TP 08-01722 |
| Slip Opinion No: 2009 NY Slip Op 84141(U) |
| Decided on September 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 08-01722
| IN THE MATTER OF TROY BRITT, PETITIONER, V NORMAN R. BEZIO,
DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
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 Cayuga on August 8, 2008,
Now, upon reading and filing the statement of Troy Britt dated August 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 October 21, 2009, in which event
It is further ORDERED that respondent's brief shall be filed and served on or before November 25, 2009, and the proceeding shall be added to the calendar for the term of this Court commencing February 22, 2010.
Entered: September 21, 2009
Patricia L. Morgan, Clerk