IN THE MATTER OF RONNIE COVINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL AND
Motion No: TP 12-02003
Slip Opinion No: 2013 NY Slip Op 90135(U)
Decided on October 25, 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.


October 25, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. TP 12-02003

IN THE MATTER OF RONNIE COVINGTON, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL AND COMMUNITY 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 Seneca on October 23, 2012, and for other relief,

Now, upon reading and filing the affidavit of Ronnie Covington sworn to September 17, 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, and the briefs are accepted for filing as of October 25, 2013.

Entered: October 25, 2013

Frances E. Cafarell, Clerk