IN THE MATTER OF VICTOR MEDINA V WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY
Motion No: TP 11-01700
Slip Opinion No: 2012 NY Slip Op 63024(U)
Decided on February 1, 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.


February 1, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 11-01700

IN THE MATTER OF VICTOR MEDINA, PETITIONER,

V

WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE

CORRECTIONAL FACILITY, RESPONDENT.


Petitioner having moved to vacate the dismissal of 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 Oneida on July 11, 2011, and having moved for other relief,

Now, upon reading and filing the affidavit of Victor Medina sworn to December 26, 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 insofar as it seeks to vacate dismissal of this proceeding is granted, on the condition that petitioner files and serves his brief on or before April 2, 2012.

Entered: February 1, 2012

Frances E. Cafarell, Clerk