| MATTER OF ALBERTO RODRIGUEZ V BRIAN FISCHER, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 10-00042 |
| Slip Opinion No: 2010 NY Slip Op 62632(U) |
| Decided on January 27, 2010 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 10-00042
| MATTER OF ALBERTO RODRIGUEZ, PETITIONER, V BRIAN FISCHER,
COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
This CPLR article 78 proceeding having been transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 31, 2009, and petitioner having moved for an order returning the proceeding to Supreme Court,
Now, upon reading and filing the affidavit of Alberto Rodriguez sworn to January 9, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 27, 2010
Patricia L. Morgan, Clerk