IN THE MATTER OF RAMON ALVAREZ V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 11-01530
Slip Opinion No: 2012 NY Slip Op 65783(U)
Decided on February 29, 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 29, 2012

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

DOCKET NO. TP 11-01530

IN THE MATTER OF RAMON ALVAREZ, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.


Petitioner having moved for an injunction, discovery, and other relief on 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 Erie on July 26, 2011,

Now, upon reading and filing the affidavit of Ramon Alvarez sworn to February 7, 2012, the notice of motion with proof of service thereof, and the statement of Martin A. Hotvet, Esq., dated February 21, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 29, 2012

Frances E. Cafarell, Clerk