Matter of Sutherland v Selsky (2009 NY Slip Op 02867)

Matter of Sutherland v Selsky

2009 NY Slip Op 02867

Decided on April 16, 2009

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: April 16, 2009

503952

[*1]In the Matter of PATRICK SUTHERLAND, Appellant, ON MOTION

v

DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Motion for reargument.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and the memorandum and order of this Court decided and entered November 6, 2008 is vacated and the following decision is substituted therefor.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur.