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MATTER OF BLANCHARD v. ANNUCCI

787 TP 23-00818.

221 A.D.3d 1531 (2023)

200 N.Y.S.3d 824

2023 NY Slip Op 05869

In the Matter of Charles Blanchard, 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

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW ( NORMAN P. EFFMAN , OF COUNSEL), for Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KEVIN C. HU , OF COUNSEL), FOR Respondent.

Present—Smith, J.P., Lindley, Montour, Greenwood 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, Wyoming County [Michael M. Mohun, A.J.], entered May 4, 2023) to review a determination of respondent. The determination found after a tier II 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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