| 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 82445(U) |
| Decided on October 18, 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 applied for an extension of time to file and serve a brief in this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Cayuga County, entered July 30, 2019,
Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,
It is hereby ORDERED that the application is granted, the time to file and serve the brief is extended to November 18, 2019, and, in the event of failure to file and serve the brief the proceeding is hereby dismissed without further order.
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before December 23, 2019, in accordance with the Court's rules.
Entered: October 18, 2019
Mark W. Bennett
Clerk of the Court