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MATTER OF McCRAY v. ANNUCCI

531838.

205 A.D.3d 1273 (2022)

169 N.Y.S.3d 689

2022 NY Slip Op 03419

In the Matter of John McCray, 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 May 26, 2022.

Attorney(s) appearing for the Case

John McCray, Coxsackie, appellant pro se.

Letitia James, Attorney General, Albany (Beezly J. Kiernan of counsel), for respondent.

Garry, P.J., Lynch, Pritzker and McShan, JJ., concur.

Petitioner was charged in a misbehavior report with violating certain prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and a penalty was imposed. Upon administrative appeal, the determination was affirmed on June 5, 2019. Petitioner thereafter attempted to commence a CPLR...

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