| IN THE MATTER OF STEFAN RUBITSKI V RICHARD F. DAINES, M.D., COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, DIANA |
| Motion No: TP 09-01268 |
| Slip Opinion No: 2010 NY Slip Op 90847(U) |
| Decided on December 15, 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 09-01268
| IN THE MATTER OF STEFAN RUBITSKI, PETITIONER, V RICHARD F.
DAINES, M.D., COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, DIANA JONES RITTER, COMMISSIONER OF NEW YORK STATE OFFICE OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITES AND STEPHEN M. SMITS, DIRECTOR OF CENTRAL NEW YORK DEVELOPMENTAL
SERVICES OFFICE, RESPONDENTS. |
Petitioner having moved to vacate dismissal of this proceeding pursuant to CPLR article 78 transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 12, 2009,
Now, upon reading and filing the affirmation of Susan M. Young, Esq. dated August 25, 2010, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq. dated September 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Petitioner has failed to demonstrate a reasonable excuse for his inordinate delay.
Entered: December 15, 2010
Patricia L. Morgan, Clerk