| IN THE MATTER OF THE APPLICATION OF SARAH CUSMAN V D. VENETTOZZI, DIRECTOR OF SPECIAL HOUSING/INMATE DISCIPLINARY |
| Motion No: TP 19-00515 |
| Slip Opinion No: 2019 NY Slip Op 76504(U) |
| Decided on July 29, 2019 |
| 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.
TP 19-00515
| IN THE MATTER OF THE APPLICATION OF SARAH CUSMAN,
PETITIONER, V D. VENETTOZZI, DIRECTOR OF SPECIAL HOUSING/INMATE DISCIPLINARY PROGRAM, S. SQUIRES, SUPERINTENDENT OF
ALBION CORRECTIONAL FACILITY, M. SIMMONS, ALBION CORRECTIONAL FACILITY'S FORMER DEPUTY SUPERINTENDENT OF SECURITY, R. MATIAS,
ROBERTS, LIEUTENANT AT ALBION CORRECTIONAL FACILITY, D. MACK, CORRECTIONAL OFFICER AT ALBION CORRECTIONAL
FACILITY, RESPONDENTS. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Orleans County, entered March 19, 2019, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).
Entered: July 29, 2019
Mark W. Bennett
Clerk of the Court