| IN THE MATTER OF VICTOR PEREZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-00542 |
| Slip Opinion No: 2018 NY Slip Op 77061(U) |
| Decided on July 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 17-00542
| IN THE MATTER OF VICTOR PEREZ, PETITIONER, V ANTHONY ANNUCCI,
ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved to reargue the Court's order entered May 21, 2018, 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 Cayuga on March 10, 2017,
Now, upon reading and filing the affidavit of Victor Perez sworn to June 18, 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 dismissed as untimely (see 22 NYCRR 1000.13 [g]).
Entered: July 2, 2018
Mark W. Bennett, Clerk