| 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: 2020 NY Slip Op 60612(U) |
| Decided on January 6, 2020 |
| 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 to vacate the dismissal of 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 motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner's brief is filed and served in accordance with this Court's rules on or before March 6, 2020, and
It is further ORDERED that if petitioner's brief is so filed, then respondent's brief shall be filed and served on or before April 6, 2020, in accordance with the Court's rules.
Entered: January 6, 2020
Mark W. Bennett
Clerk of the Court