MATTER OF McCRAY v. GRAHAM

Motion No. TP 17-00632.

2017 NY Slip Op 74184(U)

IN THE MATTER OF LIONEL MCCRAY, Petitioner, v. HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.


Petitioner having moved for an order deeming a motion filed in Supreme Court to be treated as his brief in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on March 28, 2017, and for other for other relief.

Now, upon reading and filing the affidavit of Lionel McCray sworn to April 24, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is insofar as it seeks an order treating a motion filed in Supreme Court as a brief is denied, and

It is further ORDERED that the motion insofar as it seeks an order settling the record is denied (see CPLR 7804 [d]), and

It is further ORDERED that the motion insofar as it seeks poor person relief is dismissed as unnecessary.


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