IN THE MATTER OF JOVAN FLUDD V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, BRIAN FISCHER, COMMISSIONER
Motion No: TP 12-00502
Slip Opinion No: 2012 NY Slip Op 74187(U)
Decided on May 22, 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.


May 22, 2012

PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. TP 12-00502

IN THE MATTER OF JOVAN FLUDD, PETITIONER,

V

DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY,

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS & COMMUNITY SUPERVISION, RESPONDENTS.


Petitioner having moved to expedite 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 March 1, 2012,

Now, upon reading and filing the affidavit of Jovan Fludd sworn to March 24, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 22, 2012

Frances E. Cafarell, Clerk