IN THE MATTER OF ANTHONY MEDINA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF ANTHONY MEDINA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: TP 17-01312

Slip Opinion No: 2018 NY Slip Op 62479(U)

Decided on January 23, 2018

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.

January 23, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 17-01312

IN THE MATTER OF ANTHONY MEDINA, PETITIONER,
V
ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
STEWART ECKERT, SUPERINTENDENT, EDWARD MEYERS, CAPTAIN &
HEARING OFFICER, WENDE CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS.

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 Erie on July 21, 2017,

Now, upon reading and filing the affidavit of Anthony Medina sworn to November 21, 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 vacate dismissal of the proceeding is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1000.13 [g]).

Entered: January 23, 2018

Mark W. Bennett, Clerk