| IN THE MATTER OF BRUCE RETZER V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-00543 |
| Slip Opinion No: 2017 NY Slip Op 74810(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 17-00543
Index No: 2016-149
| IN THE MATTER OF BRUCE RETZER, PETITIONER, V ANTHONY J.
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND JAMES THOMPSON,
SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENTS. |
Petitioner having moved for permission to supplement his pleadings to include additional legal argument in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Erie on March 16, 2017,
Now, upon reading and filing the affidavit of Bruce Retzer sworn to April 19, 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 granted on the condition that petitioner files and serves a supplemental petition on or before June 21, 2017, in accordance with this Court's rules, and
It is further ORDERED that petitioner shall file and serve 10 copies of a brief on or before June 21, 2017, in accordance with this Court's rules, and
It is further ORDERED that respondents shall file and serve 10 copies of their brief and a supplemental answer, if any, on or before July 21, 2017.
Entered: May 22, 2017
Frances E. Cafarell, Clerk