IN THE MATTER OF LORCEN BURROUGHS V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 15-01474
Slip Opinion No: 2016 NY Slip Op 80301(U)
Decided on July 18, 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.


July 18, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 15-01474

IN THE MATTER OF LORCEN BURROUGHS, 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 Cayuga on August 24, 2015,

Now, upon reading and filing the affidavit of Lorcen Burroughs sworn to June 14, 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 and serves the brief on or before September 16, 2016, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before October 21, 2016, and the Clerk is directed to accept the brief for filing.

Entered: July 18, 2016

Frances E. Cafarell, Clerk