IN THE MATTER OF BENJAMIN JUSTIN BROWNLEE V ANTHONY J. ANNUCCI, COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: CA 15-00231
Slip Opinion No: 2015 NY Slip Op 72971(U)
Decided on May 12, 2015
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.


May 12, 2015

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

DOCKET NO. CA 15-00231

IN THE MATTER OF BENJAMIN JUSTIN BROWNLEE,

PETITIONER-APPELLANT,

V

ANTHONY J. ANNUCCI, COMMISSIONER NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND SUPERVISION,

MICHAEL SHEAHAN, SUPERINTENDENT FIVE POINTS CORRECTIONAL

FACILITY, LIEUTENANT GIANNINO J. LARAMY, LIEUTENANT, FIVE

POINTS CORRECTIONAL FACILITY,

S. D'AMATO, OFFICER REHABILITATOR COUNSELOR, FIVE POINTS

CORRECTIONAL FACILITY, M. HOUSE, CORRECTIONS OFFICER FIVE

POINTS CORRECTIONAL FACILITY AND M. RINIERI, HEARING

OFFICER, FIVE POINTS CORRECTIONAL FACILITY,

RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 12, 2015,

Now, upon reading and filing the affidavits of Benjamin Justin Brownlee sworn to April 8, 2015, and May 6, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: May 12, 2015

Frances E. Cafarell, Clerk