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MATTER OF SHEVLIN v. ANNUCCI

827 TP 23-00815.

222 A.D.3d 1369 (2023)

200 N.Y.S.3d 247

2023 NY Slip Op 06625

In the Matter of Patrick Shevlin, 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 December 22, 2023.

Attorney(s) appearing for the Case

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

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( DOUGLAS E. WAGNER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Bannister, Greenwood, Nowak 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 an incarcerated individual rule.

It is hereby ordered that said proceeding is unanimously dismissed without costs as moot (...

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