Opinion
Motion No: TP 13-00889
10-15-2014
IN THE MATTER OF JOHN HOGAN, PETITIONER, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. SHEAHAN, J. COLVIN, T. LEVAC, D. WILLIAMS, M. THOMS, CENTRAL NEW YORK OFFICE OF MENTAL HEALTH AND JOHN DOES 1 THROUGH 4, RESPONDENTS.
PRESENT: , 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 Seneca on May 8, 2013, and having moved for other relief,
Now, upon reading and filing the affidavit of John Hogan sworn to September 16, 2014, 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 this proceeding is denied, and the motion is otherwise dismissed.
Memorandum: Petitioner's motion insofar as it seeks to vacate dismissal of this proceeding is untimely (see 22 NYCRR 1000.13 [g]).
Entered: October 15, 2014
Frances E. Cafarell, Clerk