THE PEOPLE EX REL. ROBERT CASS V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY
Motion No: 1146.1-11
Slip Opinion No: 2012 NY Slip Op 68610(U)
Decided on January 31, 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 31, 2012

PRESENT: FAHEY, J.P., CARNI, SCONIERS, GORSKI, MARTOCHE, JJ.

MOTION NO. 1146.1-11
KAH 11-00458
Index No: 10-37871

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

ROBERT CASS, PETITIONER-RESPONDENT,

V

SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL

FACILITY, RESPONDENT-APPELLANT.


Appellant having moved for reargument and for leave to the Court of Appeals from the order of this Court entered November 18, 2011,

Now, upon reading and filing the affirmation of Martin P. McCarthy, II, Esq. dated December 27, 2011, the notice of motion with proof of service thereof, the affirmation of Owen Demuth, Esq. dated January 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 31, 2012

Frances E. Cafarell, Clerk