| IN THE MATTER OF THOMAS H. MARLOWE V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-01407 |
| Slip Opinion No: 2018 NY Slip Op 89291(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 NO. TP 17-01407
| IN THE MATTER OF THOMAS H. MARLOWE, PETITIONER, V ANTHONY
ANNUCCI, 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 Cayuga on July 27, 2017,
Now, upon reading and filing the statement of Thomas H. Marlow dated October 17, 2018, the notice of motion with proof of service thereof, and the affirmation 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