Opinion
DOCKET NO. TP 16-00040
06-07-2016
IN THE MATTER OF DAVID READ, PETITIONER, v. JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND P.J. KWIATKOWSKI, CORRECTION OFFICER, COLLINS CORRECTIONAL FACILITY, RESPONDENTS.
PRESENT:
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 11, 2016,
Now, upon reading and filing the affidavit of David Read sworn to May 8, 2016, 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 appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1000.13 [g]).
Entered: June 7, 2016
Frances E. Cafarell, Clerk