| IN THE MATTER OF JULIO SMITH V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 18-00479 |
| Slip Opinion No: 2018 NY Slip Op 75085(U) |
| Decided on June 11, 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., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
DOCKET NO. TP 18-00479
| IN THE MATTER OF JULIO SMITH, PETITIONER, V ANTHONY ANNUCCI,
ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Respondent having moved for an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by an of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 19, 2018,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated May 30, 2018, the notice of motion with proof of service thereof, and the affirmation of Leah Rene Nowotarski, Esq., dated June 5, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before July 11, 2018, and the Clerk is directed to accept the brief for filing.
Entered: June 11, 2018
Mark W. Bennett, Clerk