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MATTER OF SHELTON v. ANNUCCI

483 TP 21-01831.

207 A.D.3d 1076 (2022)

169 N.Y.S.3d 571

2022 NY Slip Op 04254

In the Matter of Darryl Shelton, Petitioner, v. Anthony Annucci, Respondent.

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

Decided July 1, 2022.

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 (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul that part of a determination, following a tier III disciplinary hearing, that he violated inmate rules 113.33 (7 NYCRR 270.2[B][14] [xxiii] [drug possession]), 113.34 (7 NYCRR 270.2[B][14] [xxiv] [conspiracy to introduce narcotics or marihuana into the facility]), 114.10...

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