IN THE MATTER OF ANGEL MORALES V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 17-01851
Slip Opinion No: 2017 NY Slip Op 40072(U)
Decided on December 26, 2017
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.


December 26, 2017

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. TP 17-01851

IN THE MATTER OF ANGEL MORALES, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT.


Respondent 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 Wyoming on October 23, 2017,

Now, upon reading and filing the affirmation of Victor Paladino, Esq., dated December 14, 2017, the notice of motion with proof of service thereof, and the affirmation of Leah Rene Nowotarski, Esq., dated December 18, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before January 26, 2018, and the Clerk is directed to accept the brief for filing.

Entered: December 26, 2017

Mark W. Bennett, Clerk