PEOPLE EX REL. NAPOLI v. ANNUCCI

2021-02648. Index No. 53903/20.

219 A.D.3d 496 (2023)

195 N.Y.S.3d 25

2023 NY Slip Op 04131

The People of the State of New York ex rel. Lisa Napoli, on Behalf of Amin Laboriel, Appellant, v. Anthony J. Annucci, as Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents.

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

Decided August 2, 2023.


Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Lisa Napoli pro se of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Cleland B. Welton II of counsel), for respondents.

Duffy, J.P., Wooten, Ford and Wan, JJ., concur.


In a habeas corpus proceeding, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Michael G. Hayes, J.), dated March 24, 2021. The order and judgment denied the petitioner's application to convert the proceeding into a hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, denied the petition, and dismissed the proceeding.

By order to show cause dated February 18, 2022, the appellant was directed...

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