| IN THE MATTER OF JOHN RICHARD V HAROLD GRAHAM, SUPERINTENDENT, NEW YORK STATE DEPARTMENT OF CORRECTIONS |
| Motion No: TP 12-01223 |
| Slip Opinion No: 2012 NY Slip Op 82256(U) |
| Decided on August 16, 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.
DOCKET NO. TP 12-01223
| IN THE MATTER OF JOHN RICHARD, PETITIONER, V
HAROLD GRAHAM, SUPERINTENDENT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on 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 Cayuga on June 29, 2012, and having moved to other relief,
Now, upon reading and filing the affidavit of John Richard sworn to July 16, 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 dismissed as moot because the brief has already been filed with this Court.
Entered: August 16, 2012
Frances E. Cafarell, Clerk