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MATTER OF DERBY v. ANNUCCI

168 TP 23-01589.

2024 NY Slip Op 02415

IN THE MATTER OF MICHAEL DERBY, 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 May 3, 2024.

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 ( RACHEL RAIMONDI OF COUNSEL), FOR Respondent.

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, 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 September 18, 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...

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