| IN THE MATTER OF JESSE LUSCOMB V SUSAN KICKBUSH, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY |
| Motion No: TP 16-00093 |
| Slip Opinion No: 2016 NY Slip Op 74583(U) |
| Decided on May 23, 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 16-00093
| IN THE MATTER OF JESSE LUSCOMB, PETITIONER, V SUSAN KICKBUSH,
SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, 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 Erie on October 28, 2015,
Now, upon reading and filing the affidavit of Jesse Luscomb sworn to May 10, 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 is denied without prejudice to submission of a new motion to vacate dismissal of the proceeding that is fully compliant with 22 NYCRR 1000.13 (g), which includes an affidavit setting forth a reasonable excuse for the failure to timely file and serve a brief, among other things.
Entered: May 23, 2016
Frances E. Cafarell, Clerk