| IN THE MATTER OF SAIFUDDIN ABDUS-SAMAD V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 14-01351 |
| Slip Opinion No: 2014 NY Slip Op 94554(U) |
| Decided on December 29, 2014 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 14-01351
| IN THE MATTER OF SAIFUDDIN ABDUS-SAMAD, PETITIONER,
V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on 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 Cayuga on July 22, 2014,
Now, upon reading and filing the statement of Saifuddin Abdus-Samad dated December 7, 2014, 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 dismissed without prejudice to a timely motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).
Entered: December 29, 2014
Frances E. Cafarell, Clerk