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MATTER OF CRITTLETON v. ANNUCCI

24 CA 21-00334.

201 A.D.3d 1302 (2022)

158 N.Y.S.3d 696

2022 NY Slip Op 00541

In the Matter of Geshawn Crittleton, 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 January 28, 2022.

Attorney(s) appearing for the Case

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

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in December 2021, at which time he was given an "open...

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