Opinion
DOCKET NO. TP 15-00336
02-28-2017
IN THE MATTER OF RONNIE COVINGTON, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.
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 Seneca on February 24, 2015,
Now, upon reading and filing the affidavit of Ronnie Covington sworn to January 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated February 22, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.13 [g]).
Entered: February 28, 2017
Frances E. Cafarell, Clerk