IN THE MATTER OF EDWIN RUIZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 19-01493
Slip Opinion No: 2019 NY Slip Op 85561(U)
Decided on December 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.


December 3, 2019

PRESENT: SMITH, J.P., PERADOTTO, NEMOYER, AND CURRAN, JJ.

TP 19-01493

IN THE MATTER OF EDWIN RUIZ, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT.


Respondent having moved to adjourn oral argument of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Wyoming County, August 5, 2019, and for an extension of time to file and serve a brief,

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 insofar as it seeks to adjourn the proceeding, and the proceeding is removed from the Court's day calendar for January 13, 2020, and added to the term of this Court commencing February 18, 2020, and

It is further ORDERED that respondent's brief shall be filed and served on or before December 26, 2019, in accordance with the Court's rules.

Entered: December 3, 2019

Mark W. Bennett

Clerk of the Court