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FUQUAN F. v. ANNUCCI

Index No. XXXXXX-23.

81 Misc.3d 517 (2023)

200 N.Y.S.3d 885

2023 NY Slip Op 23285

FUQUAN F. et al., on Behalf of Themselves and All Similarly Situated Individuals, Petitioners, v. ANTHONY J. ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Supreme Court, Albany County.

Decided September 11, 2023.

Attorney(s) appearing for the Case

Letitia James , Attorney General,, Albany ( Michael G. McCartin , of counsel), for respondent.

New York Civil Liberties Union, New York City ( Antony Philip Gemmell , Molly K. Biklen , and Ifeyinwa Karen Chikezie , of counsel), and Prisoners' Legal Services of New York, Buffalo ( Andrew Austin Stecker , Hallie Elizabeth Mitnick , and Elise Marie Czuchna , of counsel), for petitioners.

OPINION OF THE COURT

On May 26, 2023, an amended petition and complaint having been filed by plaintiffs-petitioners Fuquan F., Luis G. and Jimmy B. (hereinafter referred to as petitioners) identified as a putative class action "hybrid" CPLR article 78 and declaratory judgment proceeding; and in said proceeding, petitioners...

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