| Matter of McDaniel v Annucci |
| 2018 NY Slip Op 06377 [164 AD3d 1632] |
| September 28, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Timothy McDaniel,
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.
Barbara D. Underwood, 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 May 5, 2017, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Jackson v Annucci, 159 AD3d 1437, 1438 [4th Dept 2018]). Present—Whalen, P.J., Smith, DeJoseph, Troutman and Winslow, JJ.