| IN THE MATTER OF NEB MORROW V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 12-00932 |
| Slip Opinion No: 2013 NY Slip Op 62398(U) |
| Decided on January 18, 2013 |
| 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 12-00932
| IN THE MATTER OF NEB MORROW, PETITIONER, V
HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT. |
Appellant having moved to vacate the dismissal of 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 May 18, 2012,
Now, upon reading and filing the statement of Neb Morrow, III dated December 6, 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 granted, on the condition that petitioner files and serves his brief in compliance with this Court's rules on or before February 19, 2013.
Entered: January 18, 2013
Frances E. Cafarell, Clerk