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MATTER OF DELGADO v. ANNUCCI

764 TP 23-00439.

221 A.D.3d 1512 (2023)

200 N.Y.S.3d 851

2023 NY Slip Op 05855

In the Matter of Ernesto Delgado, 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 November 17, 2023.

Attorney(s) appearing for the Case

ERNESTO DELGADO, PETITIONER PRO SE.

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

Present—Whalen, P.J., Curran, Bannister, Ogden and DelConte, JJ.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Barry L. Porsch, A.J.], entered March 7, 2023) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various incarcerated individual rules.

It is hereby ordered that the determination is unanimously modified on the law and the...

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