| IN THE MATTER OF MARK DUBLINO V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 21-00886 |
| Slip Opinion No: 2021 NY Slip Op 74546(U) |
| Decided on October 25, 2021 |
| 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 21-00886
| IN THE MATTER OF MARK DUBLINO,
PETITIONER, V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
RESPONDENT. |
Petitioner having moved to vacate dismissal of this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County, entered June 15, 2021,
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, among other things, sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).
Entered: October 25, 2021
Ann Dillon Flynn
Clerk of the Court