| IN THE MATTER OF RAYMOND RAMIREZ V JOHN LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI |
| Motion No: TP 15-01455 |
| Slip Opinion No: 2016 NY Slip Op 64728(U) |
| Decided on February 17, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-01455
| IN THE MATTER OF RAYMOND RAMIREZ, PETITIONER, V JOHN LEMPKE,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS. |
Petitioner having moved to vacate the dismissal of the 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 Erie on August 31, 2015,
Now, upon reading and filing the affidavit of Raymond Ramirez sworn to January 20, 2016, 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 proceeding 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 proceeding (see 22 NYCRR 1000.13 [g]).
Entered: February 17, 2016
Frances E. Cafarell, Clerk