MATTER OF LIVINGSTON v. ANNUCCI

874 TP 23-00715.

222 A.D.3d 1391 (2023)

201 N.Y.S.3d 824

2023 NY Slip Op 06634

In the Matter of James Livingston, 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 ( SEAN P. MIX OF COUNSEL), FOR Respondent.

Present—Smith, J.P., Bannister, Ogden, 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 Apr. 17, 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 confirmed without costs...

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