| MATTER OF TOMMY HERRIN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND D.S.A. |
| Motion No: TP 10-00450 |
| Slip Opinion No: 2010 NY Slip Op 70535(U) |
| Decided on May 5, 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. |
DOCKET NO. TP 10-00450
| MATTER OF TOMMY HERRIN, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND D.S.A. BULSON, HEARING OFFICER, MID-STATE CORRECTIONAL
FACILITY, RESPONDENTS. |
Petitioner having moved to file a late brief on an article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 4, 2010,
Now, upon reading and filing the affidavit of Tommy Herrin sworn to April 19, 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 dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).
Entered: May 5, 2010
Patricia L. Morgan, Clerk