| IN THE MATTER OF MICHAEL MELENDEZ, V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: 1069-09 |
| Slip Opinion No: 2009 NY Slip Op 93099(U) |
| Decided on December 30, 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., PERADOTTO, CARNI, AND GORSKI, JJ.
MOTION NO. 1069-09
DOCKET NO. TP 09-00361
| IN THE MATTER OF MICHAEL MELENDEZ, PETITIONER V JAMES L.
BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 2, 2009,
Now, upon reading and filing the affidavits of Michael Melendez sworn to November 13, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Martin A. Hotvet dated December 3, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied.
Entered: December 30, 2009
Patricia L. Morgan, Clerk