| IN THE MATTER OF RONNIE COVINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: TP 15-00336 |
| Slip Opinion No: 2017 NY Slip Op 72586(U) |
| Decided on May 1, 2017 |
| 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 15-00336
| IN THE MATTER OF RONNIE COVINGTON, 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 Seneca on February 24, 2015,
Now, upon reading and filing the affidavit of Ronnie Covington sworn to April 3, 2017, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated April 25, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.13 [g]).
Entered: May 1, 2017
Frances E. Cafarell, Clerk