IN THE MATTER OR SHALLAMAR HAYWARD-CRAWFORD V SHERYL ZENZEN, SUPERINTENDENT, ALBION CORRECTIONAL FACILITY
Motion No: TP 16-01304
Slip Opinion No: 2016 NY Slip Op 91710(U)
Decided on November 14, 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.


November 14, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 16-01304

IN THE MATTER OR SHALLAMAR HAYWARD-CRAWFORD, PETITIONER,

V

SHERYL ZENZEN, SUPERINTENDENT, ALBION 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 Orleans on July 28, 2016,

Now, upon reading and filing the affidavit of Shallamar Hayward-Crawford sworn to October 18, 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 this CPLR article 78 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: November 14, 2016

Frances E. Cafarell, Clerk