| IN THE MATTER OF CEDRIC REID V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 12-00872 |
| Slip Opinion No: 2013 NY Slip Op 70076(U) |
| Decided on April 9, 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 12-00872
| IN THE MATTER OF CEDRIC REID, PETITIONER, V NEW
YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner 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 Wyoming on May 8, 2012,
Now, upon reading and filing the affidavit of Cedric Reid sworn to February 11, 2013, the notice of motion with proof of service thereof, and the papers submitted therewith, 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 on or before May 9, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that, if petitioner's brief is timely served and filed, respondent's brief shall be filed and served on or before June 13, 2013, and the Clerk is directed to accept the brief for filing.
Entered: April 9, 2013
Frances E. Cafarell, Clerk