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MATTER OF MATZELL v. ANNUCCI

528923.

183 A.D.3d 1 (2020)

121 N.Y.S.3d 153

2020 NY Slip Op 01425

In the Matter of MICHAEL MATZELL, Respondent, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Appellant.

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

Decided February 27, 2020.

Attorney(s) appearing for the Case

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

Prisoners' Legal Services of New York, Plattsburgh ( Michael E. Cassidy of counsel), for respondent.

EGAN JR., J.P., LYNCH, CLARK and AARONS, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ceresia, J.), entered March 12, 2019 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Corrections and Community Supervision finding petitioner ineligible...

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