| IN THE MATTER OF JOHNNY BUNTING V GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 09-01446 |
| Slip Opinion No: 2010 NY Slip Op 69892(U) |
| Decided on April 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. TP 09-01446
| IN THE MATTER OF JOHNNY BUNTING, PETITIONER, V GLENN S. GOORD,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved to vacate the dismissal of the article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on July 15, 2009, and for other relief,
Now, upon reading and filing the affidavit of Johnny Bunting sworn to March 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the proceeding is granted on the condition that petitioner file ten copies of a brief, with proof service on each respondent on or before June 28, 2010, and
It is further ORDERED that the motion is otherwise denied.
Entered: April 27, 2010
Patricia L. Morgan, Clerk