| IN THE MATTER OF GUY MCEACHIN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: (107-10) TP 09-01715. |
| Slip Opinion No: 2010 NY Slip Op 74251(U) |
| Decided on June 11, 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, FAHEY, AND LINDLEY, JJ.
MOTION NO. (107-10) TP 09-01715.
| IN THE MATTER OF GUY MCEACHIN, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Motion for reargument granted and, upon reargument, the memorandum and order entered March 26, 2010 (71 AD3d 1558) is amended by deleting the ordering paragraph and substituting the following ordering paragraph "that the determination is unanimously confirmed without costs and the petition is dismissed" and by deleting the last paragraph of the memorandum.
Entered: June 11, 2010