Matter of Houston v D'Emic
Motion No: 2010-12030
Slip Opinion No: 2011 NY Slip Op 81741(U)
Decided on August 23, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M124768

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-12030

In the Matter of Tyrone Houston, petitioner,

v Matthew J. D'Emic, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to the Court of Appeals from a decision, order, and judgment of this Court dated March 22, 2011, which determined a proceeding pursuant to CPLR article 78, in the nature of prohibition and in the nature of mandamus to compel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court