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MATTER OF APPLEGATE v. HEATH

2010-09608.

88 A.D.3d 699 (2011)

930 N.Y.S.2d 882

2011 NY Slip Op 7035

In the Matter of BRADFORD APPLEGATE, Petitioner/Plaintiff, v. PHILLIP D. HEATH, Superintendent of Sing Sing Correctional Facility, Respondent/Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 4, 2011.

Ordered that the determinations dated October 26, 2009, and February 10, 2010, are confirmed, the petition is denied, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings on the cause of action for a judgment declaring that Directive 4421 (7 NYCRR 721.2 [b] [1]) is unconstitutional, and the entry of an appropriate judgment thereafter, inter alia, dismissing...

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