| 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 89245(U) |
| Decided on October 26, 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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, 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 "exception to the mootness doctrine" 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,
Now, upon reading and filing the affidavit of John Richard sworn to October 3, 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 without prejudice to petitioner raising the issues addressed in the motion in a post-argument submission, on the condition that the submission is received by this Court on or before December 4, 2012, and is filed and served in compliance with this Court's rules (see 22 NYCRR 1000.11 [g]), and the Clerk shall accept the post-argument submission for filing.
Entered: October 26, 2012
Frances E. Cafarell, Clerk