| IN THE MATER OF CALVIN WALKER V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-00494 |
| Slip Opinion No: 2016 NY Slip Op 76897(U) |
| Decided on June 14, 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 16-00494
| IN THE MATER OF CALVIN WALKER, 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 Seneca on November 13, 2015,
Now, upon reading and filing the affidavit of Calvin Walker sworn to June 7, 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: June 14, 2016
Frances E. Cafarell, Clerk