| IN THE MATTER OF FRANK GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 14-01777 |
| Slip Opinion No: 2016 NY Slip Op 92910(U) |
| Decided on November 29, 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: CENTRA, J.P., CARNI, LINDLEY, CURRAN, AND SCUDDER, JJ.
DOCKET NO. CA 14-01777
| 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 to strike respondent's brief filed on the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Wyoming on July 15, 2014,
Now, upon reading and filing the affidavit of Frank Garcia sworn to October 11, 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.
Entered: November 29, 2016
Frances E. Cafarell, Clerk