| IN THE MATTER OF ROCCO COSCIA V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: TP 09-01234 |
| Slip Opinion No: 2009 NY Slip Op 85849(U) |
| Decided on October 13, 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 09-01234
| IN THE MATTER OF ROCCO COSCIA, PETITIONER, V JAMES L. BERBARY,
SUPERINTENDENT, COLLINS 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 Erie on June 16, 2009,
Now, upon reading and filing the affidavit of Rocco Coscia sworn to August 25, 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 November 17, 2009, and
It is further ORDERED that respondent's brief shall be filed and served on or before December 22, 2009, and the proceeding is hereby added to the calendar for the term of this Court commencing February 22, 2010.
Entered: October 13, 2009
Patricia L. Morgan, Clerk