| IN THE MATTER OF ALBERT FOUNTAIN V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-01610 |
| Slip Opinion No: 2017 NY Slip Op 63776(U) |
| Decided on February 6, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 16-01610
| IN THE MATTER OF ALBERT FOUNTAIN, 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 to vacate the dismissal of 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 14, 2016,
Now, upon reading and filing the affidavit of Albert Fountain sworn to December 27, 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 granted, on the condition that petitioner files 10 copies of a brief in accordance with this Court's rules, with proof of service on respondent, on or before April 7, 2017.
Entered: February 6, 2017
Frances E. Cafarell, Clerk