IN THE MATTER OF ADAM HAMILTON V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY
Motion No: TP 19-00582
Slip Opinion No: 2019 NY Slip Op 76011(U)
Decided on July 23, 2019
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.


July 23, 2019

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

TP 19-00582
Index No: 2018-000133

IN THE MATTER OF ADAM HAMILTON, PETITIONER,

V

STEWART T. ECKERT, SUPERINTENDENT,

WENDE 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, Erie County, entered March 29, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served in accordance with the Practice Rules of the Appellate Division (22 NYCRR Part 1250) and this Court's Rules of Practice (22 NYCRR Part 1000) on or before August 22, 2019.

Entered: July 23, 2019

Mark W. Bennett

Clerk of the Court