| IN THE MATTER OF MERRIN DISTEFANO V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 18-00969 |
| Slip Opinion No: 2018 NY Slip Op 84067(U) |
| Decided on September 18, 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: SMITH, J.P., CENTRA, PERADOTTO, CURRAN, AND TROUTMAN, JJ.
DOCKET NO. TP 18-00969
| IN THE MATTER OF MERRIN DISTEFANO, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for permission to supplement the record (denominated "motion to add exhibits to petitioner's brief") in this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Orleans on May 22, 2018, and for other relief,
Now, upon reading and filing the affidavit of Merrin DiStefano sworn to August 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 granted to the extent that the exhibits attached to the motion are deemed to be part of the record in this proceeding, and
It is further ORDERED that the motion is otherwise denied.
Entered: September 18, 2018
Mark W. Bennett, Clerk