| IN THE MATTER OF JOHN HOGAN V DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. |
| Motion No: TP 13-00889 |
| Slip Opinion No: 2014 NY Slip Op 66321(U) |
| Decided on March 11, 2014 |
| 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 13-00889
| IN THE MATTER OF JOHN HOGAN, PETITIONER, V
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. SHEAHAN, J. COLVIN, T. LEVAC, D.
WILLIAMS, M. THOMS, CENTRAL NEW YORK OFFICE OF MENTAL HEALTH AND JOHN DOES 1 THROUGH 4,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of the 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 May 8, 2013, and having moved for other relief,
Now, upon reading and filing the affidavits of John Hogan sworn to February 7, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the proceeding is granted on the condition that petitioner files and serves a brief on or before April 10, 2014, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and
It is further ORDERED that respondents' briefs shall be filed and served on or before May 15, 2014, and the Clerk is directed to accept the brief for filing.
Entered: March 11, 2014
Frances E. Cafarell, Clerk