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FORD v. ANNUCCI

671 CA 19-01851.

189 A.D.3d 2070 (2020)

134 N.Y.S.3d 853

2020 NY Slip Op 07751

Michael Ford, Appellant, 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 23, 2020.

Attorney(s) appearing for the Case

PRISONERS' LEGAL SERVICES OF NEW YORK, BUFFALO ( ANDREW STECKER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( SARAH L. ROSENBLUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present— Carni, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by reinstating the third cause of action and granting judgment in favor of defendant as follows:

It is adjudged and declared that 7 NYCRR 254.6(f) and 251-2.2(d) are not inconsistent with Correction Law § 401(3), and as modified the order is affirmed without costs.

Memorandum: Plaintiff, a state prisoner, commenced this action

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