| In the Matter of Scott Irwin Petitioner v Brian Fischer as Commissioner of Correctional Services |
| Motion No: 508876 |
| Slip Opinion No: 2010 NY Slip Op 91080(U) |
| Decided on December 13, 2010 |
| Appellate Division, Third 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. |
Decided and Entered: December 13, 2010
Case #
508876
In the Matter of SCOTT IRWIN, Petitioner, v Respondent. |
DECISION AND ORDER ON MOTION |
Motion to strike record and brief and for further relief.
Upon the papers filed in support of the motion and
the papers filed in opposition thereto, it is
ORDERED that the motion is granted, without costs, only to the extent that pages 184 - 255
of volume I and pages 257 - 545 of volume II of the record and all references thereto in the brief are deemed stricken. The proceeding is
removed from the February 2011 term and is set down for the March 2011 term of this Court. Petitioner shall file and serve the corrected record
and brief on or before January 14, 2011. The responding brief shall be filed and served on or before February 14, 2011.
CARDONA, P.J.,
SPAIN, LAHTINEN, MALONE JR. and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court