| IN THE MATTER OF LIONELL NELSON V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-00205 |
| Slip Opinion No: 2016 NY Slip Op 74588(U) |
| Decided on May 23, 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 16-00205
| IN THE MATTER OF LIONELL NELSON, 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 January 28, 2016,
Now, upon reading and filing the affidavit of Lionell Nelson sworn to May 3, 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 granted, on the condition that petitioner files 10 copies of a brief with proof of service on or before June 22, 2016, in accordance with this Court's rules.
Entered: May 23, 2016
Frances E. Cafarell, Clerk