IN THE MATTER OF ROY TARBELL V B. MCAULIFFE, DEPUTY SUPERINTENDENT OF SECURITY, CAPE VINCENT CORRECTIONAL FACILITY
Motion No: TP 14-00596
Slip Opinion No: 2015 NY Slip Op 66686(U)
Decided on March 6, 2015
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.


March 6, 2015

PRESENT: CENTRA, J.P., SCONIERS, WHALEN, AND DEJOSEPH, JJ.

DOCKET NO. TP 14-00596

IN THE MATTER OF ROY TARBELL, PETITIONER,

V

B. MCAULIFFE, DEPUTY SUPERINTENDENT OF SECURITY, CAPE

VINCENT CORRECTIONAL FACILITY, RESPONDENT.


Petitioner having moved for an award of fees and other expenses in this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on December 4, 2013,

Now, upon reading and filing the affidavit of Roy Tarbell sworn to December 9, 2014, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastrocco, Esq., dated December 31, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 6, 2015

Frances E. Cafarell, Clerk