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MATTER OF MILLER v. ANNUCCI

No. 66 SSM 10.

37 N.Y.3d 996 (2021)

174 N.E.3d 368

152 N.Y.S.3d 428

2021 NY Slip Op 04954

In the Matter of DANIEL MILLER, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Court of Appeals of New York.

Decided September 9, 2021.

Attorney(s) appearing for the Case

Daniel Miller, appellant pro se.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan , Barbara D. Underwood , Andrea Oser and Julie M. Sheridan of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), the order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

Respondents moved to dismiss petitioner's appeal to the Appellate Division, asserting that petitioner's notice of appeal was neither timely served...

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