IN THE MATTER OF TEWODROS MINWALKULET V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: TP 20-01456
Slip Opinion No: 2021 NY Slip Op 64777(U)
Decided on April 13, 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.


April 13, 2021

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

TP 20-01456

IN THE MATTER OF TEWODROS MINWALKULET, PETITIONER,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT.


Appellant having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court, Livingston County, November 3, 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 appeal (see 22 NYCRR 1250.10 [c]).

Entered: April 13, 2021

Mark W. Bennett

Clerk of the Court