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MATTER OF SMITH v. ANNUCCI

644 TP 19-00190.

173 A.D.3d 1685 (2019)

99 N.Y.S.3d 919

2019 NY Slip Op 04596

In the Matter of Julio Smith, 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 June 7, 2019.

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

Memorandum: Petitioner commenced this proceeding seeking to annul a determination, following a tier III disciplinary hearing, that he violated a certain inmate rule. After Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804 (g), respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding...

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