| IN THE 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 82001(U) |
| Decided on October 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 19-01095
| IN THE 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 renew dismissal of article 78 motion")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 insofar as it seeks to vacate dismissal of the proceeding 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 proceeding (see 22 NYCRR 1000.13 [g]).
Entered: October 16, 2019
Mark W. Bennett
Clerk of the Court