| IN THE MATTER OF DARNELL BALLARD V NUNZIO DOLDO, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY |
| Motion No: TP 17-01004 |
| Slip Opinion No: 2018 NY Slip Op 70812(U) |
| Decided on April 17, 2018 |
| 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 17-01004
| IN THE MATTER OF DARNELL BALLARD, PETITIONER, V NUNZIO DOLDO,
SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. |
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 Jefferson on May 25, 2017,
Now, upon reading and filing the affidavit of Darnell Ballard sworn to March 24, 2018, 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 June 18, 2018, and.
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before July 23, 2018, in accordance with the Court's rules.
Entered: April 17, 2018
Mark W. Bennett, Clerk