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MATTER OF DEVINE v. ANNUCCI

2014-09356. Index No. 5406/14.

150 A.D.3d 1104 (2017)

56 N.Y.S.3d 149

2017 NY Slip Op 04114

In the Matter of MICHAEL DEVINE, Respondent, v. ANTHONY J. ANNUCCI, Acting Commissioner, Department of Corrections and Community Supervision, et al., Appellants.

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

Decided May 24, 2017.

Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the petition/complaint which was pursuant to CPLR article 78 in the nature of prohibition to prohibit the appellants from enforcing Executive Law § 259-c (14) against the petitioner/plaintiff on the ground that Executive Law § 259-c (14) violates the Ex Post Facto Clause of the United States Constitution...

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