| IN THE MATTER OF DAVID READ V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND P.J. KWIATKOWSKI |
| Motion No: TP 16-00040 |
| Slip Opinion No: 2016 NY Slip Op 83609(U) |
| Decided on August 22, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 16-00040
| IN THE MATTER OF DAVID READ, PETITIONER, V JAMES THOMPSON,
SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND P.J. KWIATKOWSKI, CORRECTION OFFICER, COLLINS CORRECTIONAL FACILITY,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of 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 Erie on January 11, 2016,
Now, upon reading and filing the affidavit of David Read sworn to July 26, 2016, 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 granted, on the condition that petitioner files 10 copies of a brief in accordance with this Court's rules, with proof of service on respondent, on or before October 21, 2016.
Entered: August 22, 2016
Frances E. Cafarell, Clerk