Opinion
DOCKET NO. TP 13-00889
03-11-2014
IN THE MATTER OF JOHN HOGAN, PETITIONER, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. SHEAHAN, J. COLVIN, T. LEVAC, D. WILLIAMS, M. THOMS, CENTRAL NEW YORK OFFICE OF MENTAL HEALTH AND JOHN DOES 1 THROUGH 4, RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to vacate the dismissal of the 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 Seneca on May 8, 2013, and having moved for other relief,
Now, upon reading and filing the affidavits of John Hogan sworn to February 7, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the proceeding is granted on the condition that petitioner files and serves a brief on or before April 10, 2014, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and
It is further ORDERED that respondents' briefs shall be filed and served on or before May 15, 2014, and the Clerk is directed to accept the brief for filing.
Frances E. Cafarell, Clerk