MATTER OF MITCHELL v. ANNUCCI

527377.

173 A.D.3d 1579 (2019)

101 N.Y.S.3d 659

2019 NY Slip Op 05243

In the Matter of Dontie S. Mitchell, 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 June 27, 2019.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination rendered on July 24, 2017. Supreme Court granted respondent's motion to dismiss the petition for failure to comply with the pleading requirements set forth in CPLR 3013 and 3014. Petitioner's subsequent motion to reargue was denied. Petitioner appeals from both judgments.*

Respondent now withdraws his objection to the sufficiency of the...

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