| IN THE MATTER OF EDWARD KOEHL V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 11-00114 |
| Slip Opinion No: 2011 NY Slip Op 66502(U) |
| Decided on March 10, 2011 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-00114
| IN THE MATTER OF EDWARD KOEHL, PETITIONER, V JOHN LEMPKE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on this 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 Seneca on January 13, 2011, and for other relief
Now, upon reading and filing the affidavit of Edward Koehl sworn to February 7, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Entered: March 10, 2011
Patricia L. Morgan, Clerk