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PEOPLE EX REL. LUCIEN v. SUPERINTENDENT, FISHKILL CORR. FACILITY, N.Y.S. DOCCS

2019-14343, 2020-03060. Index No. 1367/19.

190 A.D.3d 863 (2021)

140 N.Y.S.3d 547

2021 NY Slip Op 00314

The People of the State of New York ex rel. Leonidas Lucien, Respondent, v. Superintendent, Fishkill Correctional Facility, N.Y.S. DOCCS, Appellant.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Blair J. Greenwald of counsel), for appellant.

Janet E. Sabel , New York, NY ( Robert C. Newman of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Miller and Christopher, JJ., concur.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed; and it is further,

Ordered that the appeal so much of from the order as, sua sponte, directed the Superintendent, Fishkill Correctional Facility, N.Y.S. DOCCS to provide the petitioner with adequate resources, such as newspapers and internet access, is treated as an application for...

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