Opinion
Motion No: TP 12-01634
11-29-2012
IN THE MATTER OF PAUL COOKHORNE, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTION AND COMMUNITY SUPERVISION, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to expedite this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 2012,
Now, upon reading and filing the affidavit of Maria E. Pagano, Esq., sworn to November 2, 2012, the affidavit of Katherine McCarthy, M.D., sworn to November 2, 2012, the notice of motion with proof of service thereof, and the statement of Frank Brady, Esq., dated November 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is removed from the term of this Court commencing February 19, 2013, and added to the term of this Court commencing January 7, 2013.
Frances E. Cafarell, Clerk