Opinion
DOCKET NO. TP 16-01410
02-14-2017
IN THE MATTER OF FRANCISCO TIRADO, PETITIONER, v. ANTHONY ANNUCCI, ACTING 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 Cayuga on August 10, 2016,
Now, upon reading and filing the affidavit of Francisco Tirado sworn to January 23, 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 proceeding 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 proceeding (see 22 NYCRR 1000.13 [g]).
Entered: February 14, 2017
Frances E. Cafarell, Clerk