IN THE MATTER OF EDWARD KOEHL V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY
Motion No: TP 11-00114
Slip Opinion No: 2012 NY Slip Op 62328(U)
Decided on January 26, 2012
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.


January 26, 2012

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND GORSKI, JJ.

DOCKET NO. TP 11-00114

IN THE MATTER OF EDWARD KOEHL, PETITIONER,

V

JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY, RESPONDENT.


Petitioner having moved for reimbursement of all costs expended in litigating this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 13, 2011,

Now, upon reading and filing the affidavit of Edward Koehl sworn to December 2, 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.

Entered: January 26, 2012

Frances E. Cafarell, Clerk