THE PEOPLE EX REL. JADRIEN GORDON V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: KAH 18-00531
Slip Opinion No: 2019 NY Slip Op 65953(U)
Decided on March 15, 2019
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.


March 15, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. KAH 18-00531

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JADRIEN GORDON, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION, TINA M. STANFORD,

CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, PAUL GONYEA,

SUPERINTENDENT MOHAWK CORRECTIONAL FACILITY,

RESPONDENTS-RESPONDENTS.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on October 19, 2017,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]).

Entered: March 15, 2019

Mark W. Bennett, Clerk