MATTER OF RINCON v. ANNUCCI

530781.

186 A.D.3d 1869 (2020)

130 N.Y.S.3d 567

2020 NY Slip Op 05118

In the Matter of Danny Rincon, 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 24, 2020.


Petitioner, a prison inmate, alleges that he is kept separate from numerous other inmates for reasons unknown to him. As a result, petitioner alleges that he can only be confined in 14 correctional facilities across the state and that such restricts his rehabilitative programming opportunities. In May 2019, petitioner commenced this CPLR article 78 proceeding claiming that his right to due process was violated by the lack of any...

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