| IN THE MATTER OF YAHYA MUHAMMAD ABDULLAH MUNTAQIM V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 13-01297 |
| Slip Opinion No: 2014 NY Slip Op 63271(U) |
| Decided on February 5, 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 13-01297
| IN THE MATTER OF YAHYA MUHAMMAD ABDULLAH MUNTAQIM,
PETITIONER, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
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 Cayuga on July 12, 2013,
Now, upon reading and filing the affidavits of Yahya Muhammad Abdullah Muntaqim sworn to January 8, 2014, 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 without prejudice to a new motion for the same relief that includes an affidavit stating the allegations in the petition that demonstrate merit to the proceeding.
Entered: February 5, 2014
Frances E. Cafarell, Clerk