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: 2016 NY Slip Op 64080(U)
Decided on February 10, 2016
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.


February 10, 2016

PRESENT: WHALEN, 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 to vacate the dismissal of the 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 November 24, 2015, 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, on the condition that petitioner files ten copies of a brief, with proof of service on each respondent, on or before March 11, 2016.

Entered: February 10, 2016

Frances E. Cafarell, Clerk