Matter of Distaola v Annucci
2018 NY Slip Op 02992 [160 AD3d 1446]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 In the Matter of John Distaola, Appellant,
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-appellant.

Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered February 9, 2017 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (2017 NY Slip Op 51997[U]). Present—Smith, J.P., Carni, NeMoyer and Winslow, JJ.