Matter of Amaker v Fischer
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Matter of Amaker v Fischer
2013 NY Slip Op 07373
Released on November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
1150 CA 12-01758
[*1]IN THE MATTER OF ANTHONY AMAKER, PETITIONER-APPELLANT,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered July 5, 2012 in a CPLR article 78 proceeding. The judgment denied the motion of petitioner requesting that the amended petition be summarily granted and denied the amended petition.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
1150 CA 12-01758
[*1]IN THE MATTER OF ANTHONY AMAKER, PETITIONER-APPELLANT,
v
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered July 5, 2012 in a CPLR article 78 proceeding. The judgment denied the motion of petitioner requesting that the amended petition be summarily granted and denied the amended petition.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
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