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MATTER OF SNIPES v. ANNUCCI

531005.

190 A.D.3d 1176 (2021)

136 N.Y.S.3d 812

2021 NY Slip Op 00349

In the Matter of David Snipes, Petitioner, 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 January 21, 2021.

Attorney(s) appearing for the Case

David Snipes, Dannemora, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Lynch, Mulvey, Pritzker and Reynolds Fitzgerald, JJ., concur.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that petitioner died during the pendency of this appeal. Accordingly, petitioner's death renders this proceeding moot insofar as he can no longer be granted his request to annul the determination finding him guilty of violating a prison disciplinary rule (see Matter...

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