| IN THE MATTER OF LATASIO A. CENDALES V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF |
| Motion No: TP 20-00758 |
| Slip Opinion No: 2021 NY Slip Op 60396(U) |
| Decided on January 12, 2021 |
| 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 20-00758
| IN THE MATTER OF LATASIO A. CENDALES,
PETITIONER, V ANTHONY J. 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 June 17, 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 granted on the condition that the appeal is perfected on or before February 16, 2021, 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 March 23, 2021, in accordance with the Court's rules.
Entered: January 12, 2021
Mark W. Bennett
Clerk of the Court