IN THE MATTER OF RICHARD L. SLOAT V RICKEY A. BARTLETT, SUPERINTENDENT, WILLARD DRUG TREATMENT CAMPUS AND CAPTAIN B.
Motion No: TP 10-00509
Slip Opinion No: 2010 NY Slip Op 77519(U)
Decided on July 16, 2010
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.


July 16, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. TP 10-00509

IN THE MATTER OF RICHARD L. SLOAT, PETITIONER,

V

RICKEY A. BARTLETT, SUPERINTENDENT, WILLARD DRUG TREATMENT

CAMPUS AND CAPTAIN B. MCCAULEY OF WILLARD DRUG TREATMENT

CAMPUS, RESPONDENTS.


Petitioner having moved to vacate the dismissal of the 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 February 25, 2010,

Now, upon reading and filing the affidavit of Richard Sloat sworn to June 9, 2010, 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 within one year of the dismissal, upon the filing of a new motion including an affidavit demonstrating a reasonable excuse for the delay and setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1000.13 [g]).

Entered: July 16, 2010

Patricia L. Morgan, Clerk