Matter of Spencer v Annucci
2018 NY Slip Op 07630 [166 AD3d 1541]
November 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2019


[*1]
 In the Matter of Saleem Spencer, Appellant,
v
Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Saleem Spencer, petitioner-appellant pro se.

Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered May 30, 2017, in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Carni, Lindley, DeJoseph and Winslow, JJ.