| IN THE MATTER OF FRANKLIN JOEL THOMAS HAMPTON, JR. V ROBERT A KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 10-00458 |
| Slip Opinion No: 2010 NY Slip Op 76438(U) |
| Decided on July 1, 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 10-00458
| IN THE MATTER OF FRANKLIN JOEL THOMAS HAMPTON, JR., PETITIONER,
V ROBERT A KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND HENRY LEMONS, JR., INTERIM CHAIRMAN, NEW YORK STATE
DIVISION OF PAROLE, RESPONDENTS. |
Petitioner having moved to vacate dismissal of the CPLR article 78 proceeding transferred to this Court by order of the Erie County Supreme Court entered February 18, 2010, for permission to proceed as a poor person, for assignment of counsel, for an extension of time to file a brief, and for other relief,
Now, upon reading and filing the affidavits of Franklin Joel Thomas Hampton, Jr., Esq. sworn to April 27, 2010, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal of the proceeding is granted, on the condition that petitioner files and serves briefs pursuant to 22 NYCRR 1000.8 (b) (1) on or before August 30, 2010, and
It is further ORDERED that the motion to extend time to file a brief is dismissed as unnecessary, and
It is further ORDERED that the motion for permission to proceed as a poor person is granted, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: July 1, 2010
Patricia L. Morgan, Clerk