IN THE MATTER OF JAMES M. WEST V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY
Motion No: 435-13
Slip Opinion No: 2013 NY Slip Op 79260(U)
Decided on June 28, 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.


June 28, 2013

PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.

MOTION NO. 435-13
DOCKET NO. TP 12-02002

IN THE MATTER OF JAMES M. WEST, PETITIONER,

V

MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS

CORRECTIONAL FACILITY, RESPONDENT.


Petitioner having moved for leave to appeal from the order of this Court entered April 26, 2013, and for other relief,

Now, upon reading and filing the affidavit of James M. West sworn to May 29, 2013, the notice of motion with proof of service thereof, and the affirmation of Peter H. Schiff, Esq., dated June 12, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 28, 2013

Frances E. Cafarell, Clerk