| 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 68900(U) |
| Decided on April 2, 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. |
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. |
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 February 27, 2018, 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 appellant perfects the appeal on or before June 1, 2018.
Entered: April 2, 2018
Mark W. Bennett, Clerk