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MATTER OF CUMBERLAND v. ANNUCCI

2017-02194. Index No. 1391/16.

161 A.D.3d 859 (2018)

77 N.Y.S.3d 101

2018 NY Slip Op 03357

In the Matter of Robert Cumberland, Petitioner, v. Anthony J. Annucci, Acting Commissioner of the Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 9, 2018.

Adjudged that the petition is granted, on the law, without costs or disbursements, the determination is annulled, the respondent is directed to expunge all references to the determination from the petitioner's institutional record, and the matter remitted to the respondent for further proceedings in accordance herewith, if the respondent be so advised (see Matter of Harvey v Prack, 143 A.D.3d 711 [2016]).

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