| IN THE MATTER OF CHARLES SMITH V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 19-01519 |
| Slip Opinion No: 2019 NY Slip Op 79871(U) |
| Decided on September 16, 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 19-01519
| IN THE MATTER OF CHARLES SMITH, PETITIONER, V ANTHONY ANNUCCI,
ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND DIRECTOR OF SEGREGATION HOUSING,
VENETOZZI, RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Cayuga County, entered July 30, 2019, and having moved for leave to appeal to this Court,
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 permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion insofar as it seeks leave to appeal to this Court is dismissed as unnecessary (see CPLR 7804 [g]).
Entered: September 16, 2019
Mark W. Bennett
Clerk of the Court