Matter of Ettari v Fischer

Matter of Ettari v Fischer 2009 NY Slip Op 08672 [13 NY3d 850] November 23, 2009 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 13, 2010

[*1] In the Matter of Anthony Ettari, Respondent,
v
Brian Fischer, as Commissioner of Correctional Services, et al., Appellants.

Decided November 23, 2009

Matter of Ettari v Fischer, 54 AD3d 460, reversed.

APPEARANCES OF COUNSEL

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold, Barbara D. Underwood and Denise A. Hartman of counsel), for appellants.

Anthony Ettari, respondent pro se.

{**13 NY3d at 850} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and petition dismissed (see People ex rel. Gill v Greene, 12 NY3d 1 [2009]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.