| IN THE MATTER OF NATHANIEL JAY V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, AND MICHAEL J. OUIMETTE |
| Motion No: TP 14-00414 |
| Slip Opinion No: 2014 NY Slip Op 79106(U) |
| Decided on July 28, 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 14-00414
| IN THE MATTER OF NATHANIEL JAY, PETITIONER, V
HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, AND MICHAEL J. OUIMETTE, LIEUTENANT,
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 Cayuga on February 28, 2014,
Now, upon reading and filing the affidavit of Nathaniel Jay sworn to May 23, 2014, 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: July 28, 2014
Frances E. Cafarell, Clerk