| IN THE MATTER OF THOMAS H. MARLOWE V ANTHONY J. ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: NOS. TP 17-01163 AND TP 17-01164 |
| Slip Opinion No: 2018 NY Slip Op 89290(U) |
| Decided on November 19, 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 NOS. TP 17-01163 AND TP 17-01164
| IN THE MATTER OF THOMAS H. MARLOWE, PETITIONER, V ANTHONY J.
ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved to vacate the dismissal of these CPLR article 78 proceedings transferred to this Court by orders of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 13, 2017,
Now, upon reading and filing the statement of Thomas H. Marlowe dated October 15, 2018, the notice of motion with proof of service thereof, and the affirmations of Marcus J. Mastracco, Esq., dated November 6, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as untimely pursuant to 22 NYCRR 1250.10 (c).
Entered: November 19, 2018
Mark W. Bennett, Clerk