| IN THE MATTER OF GENEIA ROOD V SUPERINTENDENT SHERYL ZENZEN |
| Motion No: TP 17-00103 |
| Slip Opinion No: 2017 NY Slip Op 81612(U) |
| Decided on July 31, 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 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 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 July 10, 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 is denied.
Memorandum: Petitioner failed to file and serve an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Entered: July 31, 2017
Frances E. Cafarell, Clerk