| MATTER OF CHET ALLEN BOTTORFF V HON. PATRICK L. KIRK, ACTING ONEIDA COUNTY FAMILY COURT JUDGE, AND SCOTT D. MCNAMARA |
| Motion No: NOS. OP 07-00562 AND OP 07-01529 |
| Slip Opinion No: 2007 NYSlipOp 81980(U) |
| Decided on October 23, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NOS. OP 07-00562 AND OP 07-01529
| MATTER OF CHET ALLEN BOTTORFF, PETITIONER, V HON. PATRICK L. KIRK, ACTING ONEIDA COUNTY FAMILY COURT JUDGE, AND SCOTT D. MCNAMARA, ONEIDA COUNTY DISTRICT ATTORNEY, RESPONDENTS. MATTER OF CHET ALLEN BOTTORFF, PETITIONER, V HON. PATRICK L. KIRK, ACTING ONEIDA COUNTY FAMILY COURT JUDGE, SCOTT D. MCNAMARA, ONEIDA COUNTY DISTRICT ATTORNEY, AND DAVID J. SWARTS, COMMISSIONER, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENTS. |
Petitioner having renewed the motion to vacate the dismissal of the CPLR article 78 proceedings commenced in this Court,
Now, upon reading and filing the affidavit of Chet Allen Bottorff sworn to
October 5, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Raymond F. Bara dated October 12, 2007, the reply statement from Chet Allen Bottorff dated October 19, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 23, 2007
JoAnn M. Wahl, Clerk