Appellate Division of the Supreme Court of the State of New York February 2, 2017, 523049 (Matter of Kirby v. Annucci)

State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: February 2, 2017 523049

________________________________

In the Matter of ANDRE KIRBY,

Petitioner,

v

MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting

Commissioner of Corrections

and Community Supervision,

Respondent.