Matter of Kirkland v. Annucci

In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, inter alia, to release the petitioner from Fishkill Correctional Facility, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Rosa, J.), dated June 11, 2015, which granted the respondent’s motion to dismiss the petition and, in effect, dismissed the proceeding.

Ordered that the order and judgment is affirmed, without costs or…