Opinion
2021-74546 Motion TP 21-00886
10-25-2021
IN THE MATTER OF MARK DUBLINO, PETITIONER, v. STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Petitioner having moved to vacate dismissal of this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County, entered June 15, 2021,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is denied with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth, among other things, sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).