IN THE MATTER OF FRANK GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 16-01374
Slip Opinion No: 2016 NY Slip Op 85097(U)
Decided on September 8, 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.


September 8, 2016

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

DOCKET NO. CA 16-01374
DOCKET NO. CA 16-01375

IN THE MATTER OF FRANK GARCIA, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.

IN THE MATTER OF FRANK GARCIA, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person, leave to appeal the orders, and for other relief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 20, 2016 (docket No. CA 16-01374), and May 27, 2016 (docket No. CA 16-01375),

Now, upon reading and filing the affidavits of Frank Garcia sworn to July 22, 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 denied, and

It is further ORDERED that the appeals are dismissed.

Entered: September 8, 2016

Frances E. Cafarell, Clerk