| IN THE MATTER OF PAUL COOKHORNE V BRIAN FISCHER |
| Motion No: TP 12-01634 |
| Slip Opinion No: 2012 NY Slip Op 92518(U) |
| Decided on November 29, 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 12-01634
| IN THE MATTER OF PAUL COOKHORNE, PETITIONER, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTION AND COMMUNITY SUPERVISION, RESPONDENT. |
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 August 30, 2012,
Now, upon reading and filing the affidavit of Maria E. Pagano, Esq., sworn to November 2, 2012, the affidavit of Katherine McCarthy, M.D., sworn to November 2, 2012, the notice of motion with proof of service thereof, and the statement of Frank Brady, Esq., dated November 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is removed from the term of this Court commencing February 19, 2013, and added to the term of this Court commencing January 7, 2013.
Entered: November 29, 2012
Frances E. Cafarell, Clerk