| IN THE MATTER OF EDWARD KOEHL V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 11-00114 |
| Slip Opinion No: 2012 NY Slip Op 74159(U) |
| Decided on May 21, 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, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. TP 11-00114
| IN THE MATTER OF EDWARD KOEHL, PETITIONER, V JOHN LEMPKE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered January 26, 2012,
Now, upon reading and filing the affidavit of Edward Koehl sworn to March 30, 2012, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated April 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 21, 2012
Frances E. Cafarell, Clerk