IN THE MATTER OF GENEIA ROOD V SUPERINTENDENT SHERYL ZENZEN
Motion No: TP 17-00103
Slip Opinion No: 2017 NY Slip Op 73461(U)
Decided on May 8, 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.


May 8, 2017

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

DOCKET NO. TP 17-00103

IN THE MATTER OF GENEIA ROOD, PETITIONER,

V

SUPERINTENDENT SHERYL ZENZEN, 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 January 5, 2017,

Now, upon reading and filing the affidavit of Geneia Rood sworn to April 18, 2017, 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: May 8, 2017

Frances E. Cafarell, Clerk