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MATTER OF SIMPSON v. ANNUCCI

528376.

175 A.D.3d 1694 (2019)

108 N.Y.S.3d 542

2019 NY Slip Op 06669

In the Matter of Theodore Simpson, 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 September 19, 2019.

Attorney(s) appearing for the Case

Theodore Simpson, Fallsburg, appellant pro se.

Letitia James , Attorney General, Albany ( Laura Etlinger of counsel), for respondent.

Egan Jr., J.P., Lynch, Mulvey, Devine and Rumsey, JJ., concur.

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 initial order to show cause (Mackey, J.) directed that petitioner serve the signed order to show cause, the petition, exhibits and any supporting affidavits upon respondent and the Attorney General by January 26, 2018. Respondent thereafter moved to dismiss the petition on the ground that...

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