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MATTER OF GUTIERREZ v. ANNUCCI

2015-09277. Index No. 153/15.

151 A.D.3d 966 (2017)

2017 NY Slip Op 05087

54 N.Y.S.3d 307

In the Matter of RAMON GUTIERREZ, Appellant, v. ANTHONY J. ANNUCCI, Acting Commissioner, Respondent.

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

Decided June 21, 2017.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The Supreme Court properly granted the respondent's motion to dismiss the petition in this CPLR article 78 proceeding for failure to state a cause of action (see Matter of Brown v Foster, 73 A.D.3d 917, 918 [2010]). Contrary to the petitioner's contention that he was entitled to immediate release from the custody of the New York State Department...

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