| IN THE MATTER OF HASHIM MATTHEWS V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-00144 |
| Slip Opinion No: 2017 NY Slip Op 74799(U) |
| Decided on May 22, 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 16-00144
| IN THE MATTER OF HASHIM MATTHEWS, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
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 January 22, 2016,
Now, upon reading and filing the affidavit of Hashim Matthews sworn to May 8, 2017, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated May 16, 2017, 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 June 21, 2017.
Entered: May 22, 2017
Frances E. Cafarell, Clerk