IN THE MATTER OF JOSHUA LINER V SUPERINTENDENT DALE ARTUS AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
Motion No: TP 12-01704
Slip Opinion No: 2013 NY Slip Op 65928(U)
Decided on February 27, 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.


February 27, 2013

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. TP 12-01704

IN THE MATTER OF JOSHUA LINER, PETITIONER,

V

SUPERINTENDENT DALE ARTUS AND BRIAN FISCHER, COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION, RESPONDENTS.


Petitioner having moved for an order finding that respondents have defaulted 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 Livingston on September 11, 2012, and for other relief,

Now, upon reading and filing the statement of Joshua Liner dated December 20, 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: February 27, 2013

Frances E. Cafarell, Clerk