MATTER OF MACK v. HOWARD

CA 11-00779.

91 A.D.3d 1315 (2012)

937 N.Y.S.2d 785

2012 NY Slip Op 584

In the Matter of MARQUEZ MACK, Appellant, v. TIMOTHY HOWARD, in His Official Capacity as Sheriff of Erie County, et al., Respondents.

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

Decided January 31, 2012.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the petition to the extent of directing respondents forthwith to provide petitioner with that portion of the videotape entitled "Annex B Prison B 26," depicting his detention in Court Hold #2, and as modified the judgment is affirmed without costs.

Memorandum: Petitioner, an inmate at a correctional facility, commenced this CPLR article 78 proceeding seeking to compel...

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