IN THE MATTER OF DARRYL PHELPS V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 15-00690
Slip Opinion No: 2015 NY Slip Op 77312(U)
Decided on June 23, 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.


June 23, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-00690

IN THE MATTER OF DARRYL PHELPS, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


Appellant having moved to enforce a stipulation of settlement in the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 26, 2015,

Now, upon reading and filing the statements of Darryl Phelps dated May 24, 2015, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated June 8, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 23, 2015

Frances E. Cafarell, Clerk