| IN THE MATTER OF MICHAEL MELENDEZ V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER |
| Motion No: CA 10-00954 |
| Slip Opinion No: 2011 NY Slip Op 74359(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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00954
(Index No. I-2009-11203)
| IN THE MATTER OF MICHAEL MELENDEZ, PETITIONER-APPELLANT, V
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER, COMMISSIONER, AND NORMAN R. BEZIO, DIRECTOR,
S.H.U./INMATE DISCIPLINARY PROGRAMS, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for an order modifying this Court's order entered October 29, 2010, and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2010,
Now, upon reading and filing the affidavit of Michael Melendez sworn to February 28, 2011, the statement of Michael Melendez dated April 25, 2011, and May 5, 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 denied with leave to renew upon filing and serving a new motion including, among other things, proof of service on the Erie County Attorney.
Entered: May 26, 2011
Patricia L. Morgan, Clerk