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: 2011 NY Slip Op 66490(U)
Decided on March 9, 2011
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.


March 9, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, 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 again to vacate dismissal of a 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 Onondaga on February 19, 2010,

Now, upon reading and filing the affirmation of Karen DeCrow, Esq. dated December 20, 2010, the notice of motion with proof of service thereof, and the affidavit of Michael J. Gauzza, Esq. sworn to January 5, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 9, 2011

Patricia L. Morgan, Clerk