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Matter of Ettari v Fischer, 13 NY3d 850 (2009)

2009 NY Slip Op 08672 [13 NY3d 850]
November 23, 2009
Court of Appeals

[*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.

{**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.