| IN THE MATTER OF ANTHONY MEDINA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-01995 |
| Slip Opinion No: 2018 NY Slip Op 72756(U) |
| Decided on May 14, 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 17-01995
| IN THE MATTER OF ANTHONY MEDINA, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
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 October 11, 2017,
Now, upon reading and filing the affidavit of Antony Medina sworn to April 21, 2018, 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 a brief in accordance with this Court's rules, with proof of service on respondent, on or before July 13, 2018, and
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before August 17, 2018, in accordance with the Court's rules.
Entered: May 14, 2018
Mark W. Bennett, Clerk