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Burgess v. Annucci

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 20, 2019
178 A.D.3d 1419 (N.Y. App. Div. 2019)

Opinion

1145 TP 19–01191

12-20-2019

In the Matter of Maurice BURGESS, Petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.


WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, NEMOYER, AND WINSLOW, JJ.

MEMORANDUM AND ORDER 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 a determination following a tier III hearing that he violated certain inmate rules. Petitioner's contention that the Hearing Officer denied him his right to present a retaliation defense is not preserved for our review (see Matter of Reeves v. Goord, 248 A.D.2d 994, 995, 670 N.Y.S.2d 151 [4th Dept 1998], lv denied 92 N.Y.2d 804, 677 N.Y.S.2d 779, 700 N.E.2d 318 [1998] ). We have reviewed petitioner's remaining contentions and conclude that they lack merit.


Summaries of

Burgess v. Annucci

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 20, 2019
178 A.D.3d 1419 (N.Y. App. Div. 2019)
Case details for

Burgess v. Annucci

Case Details

Full title:In the Matter of Maurice BURGESS, Petitioner, v. Anthony ANNUCCI, Acting…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Dec 20, 2019

Citations

178 A.D.3d 1419 (N.Y. App. Div. 2019)
112 N.Y.S.3d 658