MATTER OF SMITH v. ANNUCCI

Not in source.

166 A.D.3d 1172 (2018)

87 N.Y.S.3d 725

2018 NY Slip Op 07496

In the Matter of Frederick Smith, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 8, 2018.


Petitioner, an inmate, sought to commence this CPLR article 78 proceeding to challenge a determination of respondent finding him guilty of violating certain prison disciplinary rules. The amended order to show cause directed petitioner to serve a copy of the signed order, the petition, exhibits and any supporting affidavits upon respondent and the Attorney General by first class mail on or before October 21, 2016. Petitioner failed to serve the required documents on the Attorney...

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