| IN THE MATTER OF CHARLES MCALLISTER V PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY |
| Motion No: TP 10-01476 |
| Slip Opinion No: 2010 NY Slip Op 86965(U) |
| Decided on November 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 10-01476
| IN THE MATTER OF CHARLES MCALLISTER, PETITIONER, V PATRICIA
LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate the dismissal of a CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on June 21, 2010,
Now, upon reading and filing the affidavit of Charles McCallister sworn to September 24, 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 granted, on the condition that petitioner files and serves a brief pursuant to (see 22 NYCRR 1000.8 [b][1]), on or before December 1, 2010, and the Clerk shall accept the brief for filing.
Entered: November 1, 2010
Patricia L. Morgan, Clerk