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MATTER OF McKETHAN v. STALLONE

1382 CA 14-01806.

134 A.D.3d 1561 (2015)

21 N.Y.S.3d 914

2015 NY Slip Op 09752

In the Matter of WILLIAM MCKETHAN, Appellant, v. DAVID STALLONE, Superintendent, Cayuga Correctional Facility, Respondent.

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

Decided December 31, 2015.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by providing that the petition is dismissed without prejudice and as modified the judgment is affirmed without costs.

Memorandum: Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination to withhold three pieces of mail that had been sent to him. Supreme Court properly dismissed...

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