| 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: 2011 NY Slip Op 74355(U) |
| Decided on May 26, 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: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, 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 move for an order striking respondent's opposition to a previous motion on 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 affidavit of John Hogan sworn to April 8, 2011, the statement of John Hogan dated April 22, 2011, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq. dated May 2, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 26, 2011
Patricia L. Morgan, Clerk