| PEOPLE EX REL. BILLY WITHERSPOON V JAMES MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY, |
| Motion No: KAH 08-02538 |
| Slip Opinion No: 2009 NY Slip Op 84166(U) |
| Decided on September 22, 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., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.
KAH 08-02538
Indictment No: 07-WRIT-11
| PEOPLE OF THE STATE OF NEW YORK EX REL. BILLY WITHERSPOON,
PETITIONER-APPELLANT, V JAMES MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT |
Appellant having moved to strike portions of the brief submitted by respondent on the appeal taken from a judgment of Supreme Court, Wayne County entered March 25, 2008,Now, upon reading and filing the affirmation of Brian Shiffrin dated August 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Marlene O. Tuczinski dated August 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that said motion be and the same hereby is granted to the extent that the portions of respondent's brief that reference the oath of office by Danny K. Chun filed on May 25, 1999 in the office at the New York County Clerk are hereby deemed stricken as dehors the record.
Entered: September 22, 2009
PATRICIA L. MORGAN, Clerk