| 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: 2015 NY Slip Op 86130(U) |
| Decided on September 29, 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: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, 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 to vacate the dismissal of 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 affidavit of Saifuddin Abdus-Samad sworn to September 14, 2015, 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 granted, on the condition that petitioner files and serves the brief on or before November 27, 2015, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the respondent's brief shall be filed and served on or before January 4, 2016, and the Clerk is directed to accept the brief for filing.
Entered: September 29, 2015
Frances E. Cafarell, Clerk