| IN THE MATTER OF EDDIE JAMES LEE, SR. V CAROL B. WOUGHTER, SUPERINTENDENT |
| Motion No: TP 11-01796 |
| Slip Opinion No: 2012 NY Slip Op 63013(U) |
| Decided on January 31, 2012 |
| 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 11-01796
| IN THE MATTER OF EDDIE JAMES LEE, SR., PETITIONER, V CAROL B.
WOUGHTER, SUPERINTENDENT, 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 Oneida on May 20, 2010, and having moved for other relief,
Now, upon reading and filing the affidavit of Eddie James Lee, Sr. sworn to January 17, 2012, and 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 upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: January 31, 2012
Frances E. Cafarell, Clerk