| IN THE MATTER OF JESSIE J. BARNES V RONALD HARLING, SUPERINTENDENT, MONROE COUNTY JAIL |
| Motion No: TP 11-00161 |
| Slip Opinion No: 2011 NY Slip Op 93444(U) |
| Decided on December 16, 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 11-00161
| IN THE MATTER OF JESSIE J. BARNES, PETITIONER, V RONALD HARLING,
SUPERINTENDENT, MONROE COUNTY JAIL, RESPONDENT. |
Petitioner having moved to vacate the dismissal of this proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 9, 2009,
Now, upon reading and filing the affidavit of Jessie J. Barnes sworn to November 17, 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 granted, on the condition that petitioner files his brief on or before February 14, 2012.
Entered: December 16, 2011
Patricia L. Morgan, Clerk