| IN THE MATTER OF DAVAUGHN HOLMES V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 13-00209 |
| Slip Opinion No: 2013 NY Slip Op 75912(U) |
| Decided on May 31, 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 13-00209
| IN THE MATTER OF DAVAUGHN HOLMES, PETITIONER, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
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 Cayuga on January 29, 2013,
Now, upon reading and filing the affidavit of Devaughn Holmes sworn to April 29, 2013, 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 file and serve his brief on or before July 1, 2013.
Entered: May 31, 2013
Frances E. Cafarell, Clerk