| IN THE MATTER OF LAWRENCE PEREZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 14-01720 |
| Slip Opinion No: 2015 NY Slip Op 62485(U) |
| Decided on January 27, 2015 |
| 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: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND DEJOSEPH, JJ.
DOCKET NO. TP 14-01720
| IN THE MATTER OF LAWRENCE PEREZ, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for this Court to strike respondent's in camera submission of documents not in the hearing record in this CPLR article 78 proceeding transferred to this Court by order of Supreme Court entered in the Office of the Clerk of the County of Wyoming on September 22, 2014,
Now, upon reading and filing the affirmation of David Bentivegna, Esq., dated December 31, 2014, the notice of motion with proof of service thereof, and the affirmation of Owen Demuth, Esq., dated January 15, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and respondent's in camera submission of documents not in the hearing record is hereby stricken.
Entered: January 27, 2015
Frances E. Cafarell, Clerk