| IN THE MATTER OF DA'SHAWN RUSSELL V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS |
| Motion No: TP 16-00173 |
| Slip Opinion No: 2016 NY Slip Op 71946(U) |
| Decided on April 25, 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 16-00173
| IN THE MATTER OF DA'SHAWN RUSSELL, PETITIONER, V ANTHONY J.
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on 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 Erie on January 29, 2016,
Now, upon reading and filing the affidavit of Da'Shawn Russell sworn to April 5, 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 is dismissed without prejudice to a motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).
Entered: April 25, 2016
Frances E. Cafarell, Clerk