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MATTER OF SHOGA v. ANNUCCI

512 TP 21-00090.

197 A.D.3d 935 (2021)

153 N.Y.S.3d 324

2021 NY Slip Op 04837

In the Matter of Alex Shoga, Petitioner, 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 August 26, 2021.

Attorney(s) appearing for the Case

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW ( LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATE H. NEPVEU OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the amended petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination revoking his parole release and remanding him to serve another 25 months of incarceration. We note at the outset that Supreme Court erred in transferring the matter to this Court inasmuch as petitioner did not allege in his amended petition that...

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