| IN THE MATTER OF WILLIAM MCKETHAN V DAVID STALLONE, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY |
| Motion No: TP 14-00101 |
| Slip Opinion No: 2014 NY Slip Op 73994(U) |
| Decided on June 3, 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., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. TP 14-00101
| IN THE MATTER OF WILLIAM MCKETHAN, PETITIONER, V
DAVID STALLONE, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to strike the July 14, 2013 sign-out sheet attached as part of Exhibit D to respondent's answer on 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 14, 2014,
Now, upon reading and filing the affidavit of William McKethan sworn to October 22, 2013, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq., dated April 10, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the July 14, 2013 sign-out sheet attached as part of Exhibit D to respondent's answer is stricken.
Entered: June 3, 2014
Frances E. Cafarell, Clerk