| IN THE MATTER OF ELLEN M. HALE V GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS |
| Motion No: TP 10-00485 |
| Slip Opinion No: 2010 NY Slip Op 82477(U) |
| Decided on September 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. TP 10-00485
| IN THE MATTER OF ELLEN M. HALE, PETITIONER, V GALEN D. KIRKLAND,
COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS, RESPONDENT. |
Petitioner having moved to vacate dismissal of an 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 Onondaga on February 19, 2010,
Now, upon reading and filing the affirmation of Karen DeCrow, Esq. dated June 16, 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, because petitioner failed to demonstrate merit to the proceeding (see Rumman v Reade, 64 AD3d 715; Matter of Massapequa Auto Salvage, Inc. v Donaldson, 40 AD3d 647).
Entered: September 16, 2010
Patricia L. Morgan, Clerk