| IN THE MATTER OF RANDOLPH SCOTT V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-01551 |
| Slip Opinion No: 2017 NY Slip Op 94820(U) |
| Decided on December 4, 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 17-01551
| IN THE MATTER OF RANDOLPH SCOTT, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Respondent having moved to dismiss as moot 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 Wyoming on August 30, 2017, or, in the alternative, for an extension of time to file and serve a respondent's brief,
Now, upon reading and filing the affirmation of Brian D. Ginsberg, Esq., dated November 8, 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 insofar as it seeks to dismiss the entire proceeding as moot is denied on the ground that the motion failed to set forth whether petitioner's disciplinary records have been expunged, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file the respondent's brief is granted on condition that the brief is filed and served on or before December 26, 2017, and the Clerk is directed to accept the brief for filing.
Entered: December 4, 2017
Mark W. Bennett, Clerk