| THE PEOPLE EX REL., RICHARD MILLS V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY; ERIC |
| Motion No: KAH 11-01845 |
| Slip Opinion No: 2012 NY Slip Op 69358(U) |
| Decided on March 30, 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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 11-01845
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RICHARD MILLS,
PETITIONER-APPELLANT, V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY; ERIC SCHNEIDERMAN, ATTORNEY
GENERAL; BRIAN FISCHER, COMMISSIONER OF THE NYS DEPT. OF CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS. Index No:
45342 |
Appellant having moved for permission to file and serve a pro se supplemental brief on the appeal taken from an order of the Supreme Court, Seneca County entered July 25, 2011,
Now upon reading and filing the affidavit of Richard Mills sworn to February 8, 2012, the notice of motion with proof of service thereof, the statement of Charles J. Greenberg, Esq. dated February 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Memorandum: Petitioner may file and serve a pro se supplemental brief within 45 days of the date that assigned counsel mails his completed brief to petitioner.
Entered: March 30, 2012
Frances E. Cafarell, Clerk