| IN THE MATTER OF DELQUAN DAVIS V JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 17-00293 |
| Slip Opinion No: 2017 NY Slip Op 72588(U) |
| Decided on May 1, 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 17-00293
| IN THE MATTER OF DELQUAN DAVIS, PETITIONER, V JOHN COLVIN,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. |
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 February 3, 2017,
Now, upon reading and filing the affidavit of Delquan Davis sworn to April 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: May 1, 2017
Frances E. Cafarell, Clerk