IN THE MATTER OF MUHAMMET KARADAG V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF MUHAMMET KARADAG V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: TP 16-01609

Slip Opinion No: 2017 NY Slip Op 61451(U)

Decided on January 17, 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.

January 17, 2017

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

DOCKET NO. TP 16-01609

IN THE MATTER OF MUHAMMET KARADAG, PETITIONER,
V
ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND JOHN COLVIN,
ACTING SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY,
RESPONDENTS.

Petitioner 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 Seneca on September 13, 2016,

Now, upon reading and filing the affidavit of Muhammet Karadag sworn to January 2, 2017, 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 dismissed without prejudice to a motion to vacate dismissal of the proceeding (see 22 NYCRR 1000.13 [g]).

Entered: January 17, 2017

Frances E. Cafarell, Clerk