Opinion
DOCKET NO. TP 15-01455
12-21-2015
IN THE MATTER OF RAYMOND RAMIREZ, PETITIONER, v. JOHN LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, 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 August 31, 2015,
Now, upon reading and filing the affidavit of Raymond Ramirez sworn to November 23, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving a new motion with an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1000.13 [g]).
Entered: December 21, 2015
Frances E. Cafarell, Clerk