| 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 82867(U) |
| Decided on August 17, 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: CARNI, J.P., LINDLEY, CURRAN, NEMOYER, AND SCUDDER, 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. |
Respondent having moved to supplement their answer and return in 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, on the ground that
Now, upon reading and filing the affirmation of William E. Storrs, Esq., dated July 26, 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 permission to supplement the answer and return to include the video recording, law library call-out request forms, and handwriting samples is granted, and respondent shall file and serve the amended answer on or before, September 1, 2016, and
It is further ORDERED that petitioner may file and serve 10 copies of a supplemental brief in accordance with this Court's rules, on or before October 3, 2016.
Entered: August 17, 2016
Frances E. Cafarell, Clerk