| IN THE MATTER OF KEVIN MADISON V SUSAN KICKBUSH, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY |
| Motion No: TP 19-01163 |
| Slip Opinion No: 2019 NY Slip Op 80432(U) |
| Decided on September 23, 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 19-01163
| IN THE MATTER OF KEVIN MADISON, PETITIONER, V SUSAN KICKBUSH,
SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Erie County, entered June 14, 2019,
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: September 23, 2019
Mark W. Bennett
Clerk of the Court