| 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 84589(U) |
| Decided on August 28, 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 for permission to resubmit a brief in 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 August 12, 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 denied as untimely pursuant to 22 NYCRR 1000.13 (g).
Entered: August 28, 2017
Frances E. Cafarell, Clerk