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MATTER OF SHARP v. ANNUCCI

526056.

164 A.D.3d 1580 (2018)

84 N.Y.S.3d 596

2018 NY Slip Op 06304

In the Matter of Raymond Sharp, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 27, 2018.

In January 2017, petitioner commenced this CPLR article 78 proceeding by order to show cause seeking to challenge a tier III disciplinary determination. Respondent moved to dismiss the proceeding upon the ground that the petition did not contain clear and concise statements in consecutively numbered paragraphs as required by CPLR 3014. By judgment entered July 31, 2017, Supreme Court agreed that the petition was defective, but concluded that the proper remedy was to afford...

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