| Matter of McEachin v Fischer |
| 2010 NY Slip Op 05230 [74 AD3d 1879] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 25, 2010 |
| In the Matter of Guy McEachin, Petitioner, v Brian Fischer,
Commissioner, New York State Department of Correctional Services,
Respondent. |
—[*1]Motion for reargument granted and, upon
reargument, the memorandum and order entered March 26, 2010 (71 AD3d 1558 [2010]) is
amended by deleting the ordering paragraph and substituting the following ordering paragraph
"that the determination is unanimously confirmed without costs and the petition is dismissed"
and by deleting the last paragraph of the memorandum. Present—Scudder, P.J., Smith,
Fahey and Lindley, JJ.