IN THE MATTER OF THE APPLICATION OF SARAH CUSMAN V D. VENETTOZZI, DIRECTOR OF SPECIAL HOUSING/INMATE DISCIPLINARY
Motion No: TP 19-00515
Slip Opinion No: 2019 NY Slip Op 78819(U)
Decided on September 3, 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.


September 3, 2019

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

TP 19-00515

IN THE MATTER OF THE APPLICATION OF

SARAH CUSMAN, PETITIONER,

V

D. VENETTOZZI, DIRECTOR OF SPECIAL HOUSING/INMATE

DISCIPLINARY PROGRAM, S. SQUIRES, SUPERINTENDENT OF ALBION

CORRECTIONAL FACILITY, M. SIMMONS, ALBION CORRECTIONAL

FACILITY'S FORMER DEPUTY SUPERINTENDENT OF SECURITY,

R. MATIAS, ROBERTS, LIEUTENANT AT ALBION CORRECTIONAL FACILITY, D. MACK, CORRECTIONAL OFFICER AT ALBION 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, Orleans County, entered March 19, 2019, and

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 this Court's rules, on or before November 4, 2019.

Entered: September 3, 2019

Mark W. Bennett

Clerk of the Court