IN THE MATTER OF ADALBERTO VEGA, JR. V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF

IN THE MATTER OF ADALBERTO VEGA, JR. V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF

Motion No: TP 15-00315

Slip Opinion No: 2015 NY Slip Op 79166(U)

Decided on July 14, 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.

July 14, 2015

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

DOCKET NO. TP 15-00315
Index No: 2014-0219

IN THE MATTER OF ADALBERTO VEGA, JR., PETITIONER,
V
ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT.

Petitioner having moved for permission to proceed without a brief on this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2015,

Now, upon reading and filing the affidavit of Adalberto Vega sworn to June 11, 2015, the notice of motion with proof of service thereof, due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).

Entered: July 14, 2015

Frances E. Cafarell, Clerk