| IN THE MATTER OF JOSE D. MARTINEZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 15-02031 |
| Slip Opinion No: 2016 NY Slip Op 66268(U) |
| Decided on March 2, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-02031
| IN THE MATTER OF JOSE D. MARTINEZ, PETITIONER, V ANTHONY
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 Wyoming on December 3, 2015,
Now, upon reading and filing the affidavit of Adam W. Koch, Esq., sworn to February 10, 2016, the affidavit of Michele M. Connor sworn to February 10, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that petitioner files and serves a brief in accordance with the Court's rules on or before March 15, 2016, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that, if petitioner files and serves said brief on or before May 4, 2016, respondent's brief shall be filed and served on or before April 15, 2016, and the Clerk is directed to accept the brief for filing.
Entered: March 2, 2016
Frances E. Cafarell, Clerk