IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 10-00412
Slip Opinion No: 2010 NY Slip Op 80627(U)
Decided on August 19, 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.


August 19, 2010

PRESENT: MARTOCHE, J. P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-00412

IN THE MATTER OF JOHN HOGAN, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved for an order directing respondent to provide appellant with a complete copy of his mental health and medical records, at no charge, in connection with the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 17, 2009,

Now, upon reading and filing the affidavits of John Hogan sworn to July 30, 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: August 19, 2010

Patricia L. Morgan, Clerk