In the Matter of Carl Smith Petitioner v Anthony J. Annucci as Acting Commissioner of Corrections and Community Supervision

Motion No: 528845

Slip Opinion No: 2020 NY Slip Op 68158(U)

Decided on July 2, 2020

Appellate Division, Third 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.

Decided and Entered: July 2, 2020 528845

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In the Matter of CARL SMITH,                      
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision,
                                                       Respondent.
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Motion to vacate dismissal of proceeding and for extension of time to perfect proceeding.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth an intent to perfect the proceeding within a reasonable time, as required by sections 1250.10 (c) and 850.9 (c) of the Practice Rules of the Appellate Division, and sufficient facts to demonstrate a meritorious proceeding, as required by section 1250.10 (c) of the Practice Rules of the Appellate Division.
Egan Jr., J.P., Clark, Reynolds Fitzgerald, and Colangelo, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court