IN THE MATTER OF TREMAINE A. GREEN V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: TP 20-00308
Slip Opinion No: 2020 NY Slip Op 72890(U)
Decided on October 2, 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.


October 2, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

TP 20-00308

IN THE MATTER OF TREMAINE A. GREEN, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT.


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 February 18, 2020,

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 denied, with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious proceeding (see 22 NYCRR 1250.10 [c]).

Entered: October 2, 2020

Mark W. Bennett

Clerk of the Court