| IN THE MATTER OF BERNABE ENCARNACION V ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 20-01572 |
| Slip Opinion No: 2021 NY Slip Op 65879(U) |
| Decided on May 5, 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 20-01572
| IN THE MATTER OF BERNABE ENCARNACION,
PETITIONER, V ANTHONY ANNUCCI, 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 entered in the Office of the Clerk, Wyoming County, entered November 30, 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 petitioner files a brief in accordance with this Court's rules, on or before June 4, 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 July 9, 2021, in accordance with the Court's rules.
Entered: May 5, 2021
Mark W. Bennett
Clerk of the Court