Matter of Clark v Annucci
Motion No: 2018-10483
Slip Opinion No: 2019 NY Slip Op 70792(U)
Decided on May 17, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262831

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10483

In the Matter of Ronald Clark, petitioner,

v Anthony J. Annucci, etc., respondent.

(Index No. 3906/18)

DECISION & ORDER ON MOTION

Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Orange County, dated August 21, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) is vacated, the petitioner's time to serve and file a brief is extended until May 24, 2019, and the petitioner's brief shall be served and filed on or before that date.

DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court