Opinion
Motion No: 528129
07-02-2020
In the Matter of CARL SMITH, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
DECISION AND ORDER ON MOTION
Motion to vacate dismissal of proceeding and for extension of time to perfect proceeding.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth an intent to perfect the proceeding within a reasonable time, as required by sections 1250.10 (c) and 850.9 (c) of the Practice Rules of the Appellate Division, and sufficient facts to demonstrate a meritorious proceeding, as required by section 1250.10 (c) of the Practice Rules of the Appellate Division.
Egan Jr., J.P., Clark, Reynolds Fitzgerald, and Colangelo, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court