Opinion
DOCKET NO. TP 17-01004
11-21-2017
IN THE MATTER OF DARNELL BALLARD, PETITIONER, v. NUNZIO DOLDO, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT.
PRESENT:
Petitioner 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 Jefferson on May 25, 2017,
Now, upon reading and filing the affidavit of Darnell Ballard sworn to November 1, 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 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 appeal (see 22 NYCRR 1000.13 [g]).
Entered: November 21, 2017
Mark W. Bennett, Clerk