| IN THE MATTER OF MARK DUBLINO V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 21-00886 |
| Slip Opinion No: 2021 NY Slip Op 75196(U) |
| Decided on November 29, 2021 |
| 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.
TP 21-00886
| IN THE MATTER OF MARK DUBLINO, PETITIONER, V STEWART T. ECKERT,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate dismissal (denominated motion to renew petition) of this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County, entered June 15, 2021,
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 petitioner serve and file a brief in accordance with this Court's rules on or before January 28, 2022.
Entered: November 29, 2021
Ann Dillon Flynn
Clerk of the Court