| IN THE MATTER OF JOHN HOGAN V DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. |
| Motion No: TP 13-00889 |
| Slip Opinion No: 2014 NY Slip Op 60013(U) |
| Decided on January 2, 2014 |
| 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 13-00889
| IN THE MATTER OF JOHN HOGAN, PETITIONER, V
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, ALBERT PRACK, M. SHEAHAN, J. COLVIN, T. LEVAC, D.
WILLIAMS, M. THOMS, CENTRAL NEW YORK OFFICE OF MENTAL HEALTH AND JOHN DOES 1 THROUGH 4,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of this 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 Seneca on May 8, 2013,
Now, upon reading and filing the affidavit of John Hogan sworn to November 19, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal 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 2, 2014
Frances E. Cafarell, Clerk