| IN THE MATTER OF DARRYL MOORE V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN B. NORRIS |
| Motion No: TP 15-00335 |
| Slip Opinion No: 2015 NY Slip Op 73773(U) |
| Decided on May 18, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-00335
| IN THE MATTER OF DARRYL MOORE, PETITIONER, V MICHAEL SHEAHAN,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN B. NORRIS, HEARING APPEAL OFFICER AND HEARING OFFICER LT. GIANNINO,
RESPONDENTS. |
Petitioner having moved for an extension of time to file and serve a brief on 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 Seneca on February 24, 2015,
Now, upon reading and filing the affidavit of Darryl Moore sworn to April 14, 2015, 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 dismissed without prejudice to a motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).
Entered: May 18, 2015
Frances E. Cafarell, Clerk