| IN THE MATTER OF JAMES GILES V NORMAN R. BEZIO, DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY PROGRAM |
| Motion No: TP 11-00245 |
| Slip Opinion No: 2011 NY Slip Op 75024(U) |
| Decided on June 6, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-00245
| IN THE MATTER OF JAMES GILES, PETITIONER, V NORMAN R. BEZIO,
DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY PROGRAM, RESPONDENT. |
Petitioner having moved to vacate the dismissal of this 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 Cayuga on January 28, 2011,
Now, upon reading and filing the affidavit of James Giles sworn to April 18, 2011, the notice of motion with proof of service thereof, and the statement of Peter H. Schiff, Esq. dated April 26, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon a timely showing of merit (see 22 NYCRR 1000.13 [g]).
Entered: June 6, 2011
Patricia L. Morgan, Clerk