| IN THE MATTER OF TOMMY HERRIN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND |
| Motion No: TP 10-00450 |
| Slip Opinion No: 2011 NY Slip Op 70536(U) |
| Decided on April 21, 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 10-00450
| IN THE MATTER OF TOMMY HERRIN, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND D.S.A. BULSON, HEARING OFFICER, MID-STATE CORRECTIONAL
FACILITY, RESPONDENTS. |
Petitioner having moved to vacate the dismissal of the article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 4, 2010,
Now, upon reading and filing the affidavit of Tommy Herrin sworn to March 1, 2011, 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 his brief on or before May 23, 2011.
Entered: April 21, 2011
Patricia L. Morgan, Clerk