| IN THE MATTER OF DARREL OLDHAM V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 18-01637 |
| Slip Opinion No: 2019 NY Slip Op 71652(U) |
| Decided on May 28, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
TP 18-01637
| IN THE MATTER OF DARREL OLDHAM, PETITIONER, V ANTHONY ANNUCCI,
ACTING 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 from an order of the Supreme Court, Jefferson County, entered September 7, 2018,
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 is granted, on the condition that petitioner files a brief in accordance with this Court's rules, with proof of service on respondent, on or before July 29, 2019, and
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before September 3, 2019, in accordance with the Court's rules.
Entered: May 28, 2019
Mark W. Bennett
Clerk of the Court