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MATTER OF COLON v. ANNUCCI

2015-08367, 2016-05776. Index No. 715/15.

151 A.D.3d 1061 (2017)

57 N.Y.S.3d 512

2017 NY Slip Op 05222

In the Matter of MICHAEL COLON, Appellant, v. ANTHONY J. ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided June 28, 2017.

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

"It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal" (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707

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