| MOTION NO. 1164 IN THE MATTER OF MICHAEL MELENDEZ V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: 10-00954 |
| Slip Opinion No: 2012 NY Slip Op 68629(U) |
| Decided on February 10, 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. |
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. 10-00954
| MOTION NO. 1164 IN THE MATTER OF MICHAEL MELENDEZ,
PETITIONER-APPELLANT, V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER, COMMISSIONER, AND
NORMAN R. BEZIO, DIRECTOR, S.H.U./INMATE DISCIPLINARY PROGRAMS, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 18, 2011,
Now, upon reading and filing the affidavit of Michael Melendez sworn to December 9, 2011, the notice of motion with proof of service thereof, and the affirmation of Peter H. Schiff, Esq., dated December 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 10, 2012
Frances E. Cafarell, Clerk