Opinion
DOCKET NO. TP 17-01163 DOCKET NO. TP 17-01164
10-23-2017
IN THE MATTER OF THOMAS H. MARLOWE, PETITIONER, v. ANTHONY J. ANNUCCI, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.
PRESENT:
Petitioner having moved to remit for adjudication these article 78 proceedings transferred to this Court by orders of Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 13, 2017,
Now, upon reading and filing the affidavit of Thomas H. Marlow sworn to September 17, 2017, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated September 29, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the proceedings (see 22 NYCRR 1000.13 [g]).
Entered: October 23, 2017
Mark W. Bennett, Clerk