| MATTER OF GILL TERRENCE V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 19-01095 |
| Slip Opinion No: 2019 NY Slip Op 78845(U) |
| Decided on September 3, 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 19-01095
| MATTER OF GILL TERRENCE, PETITIONER, V ANTHONY J. ANNUCCI,
ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, DONALD E. VENETTOZZI, DIRECTOR,
S.H.U./DISP. PROG., DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT. |
Petitioner having moved to vacate the dismissal (denominated "Motion not to dismiss")of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Erie County, entered June 5, 2019,
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 denied, with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).
Entered: September 3, 2019
Mark W. Bennett
Clerk of the Court