Opinion
Motion No: TP 11-00775
09-16-2011
IN THE MATTER OF WILLIAM J. THYGESEN, PETITIONER, v. NORTH BAILEY VOLUNTEER FIRE COMPANY, INC. AND WARREN HOMES, PRESIDENT, NORTH BAILEY VOLUNTEER FIRE COMPANY, INC., RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to vacate the dismissal of 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 January 10, 2011,
Now, upon reading and filing the affirmation of Steven Bachmann Dietz, Esq., dated August 19, 2011, the notice of motion with proof of service thereof, and the affidavit of Elizabeth A. Cordello, Esq., sworn to August 26, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon a timely showing of merit (see 22 NYCRR 1000.13 [g]).
Patricia L. Morgan, Clerk