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MATTER OF BURGESS v. ANNUCCI

1145 TP 19-01191.

178 A.D.3d 1419 (2019)

112 N.Y.S.3d 658

2019 NY Slip Op 09161

In the Matter of Maurice Burgess, Petitioner, v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW ( ADAM W. KOCH , OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( MARCUS J. MASTRACCO , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination following a tier III hearing that he violated certain inmate rules. Petitioner's contention that the Hearing Officer denied him his right to present a retaliation defense is not preserved for our review (see Matter of Reeves v Goord,

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