IN THE MATTER OF ANTHONY MEDINA V A. RODRIGUEZ, ACTING DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY PROGRAM OF NEW
Motion No: TP 17-00390
Slip Opinion No: 2017 NY Slip Op 75687(U)
Decided on May 30, 2017
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.


May 30, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 17-00390

IN THE MATTER OF ANTHONY MEDINA, PETITIONER.

V

A. RODRIGUEZ, ACTING DIRECTOR, SPECIAL HOUSING/INMATE

DISCIPLINARY PROGRAM OF NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.


Petitioner an 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 Seneca on February 17, 2017,

Now, upon reading and filing the affidavit of Anthony Medina sworn to May 4, 2017, 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 July 31, 2017.

Entered: May 30, 2017

Frances E. Cafarell, Clerk