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McEachin v. Fischer

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


June 11, 2010

IN THE MATTER OF GUY MCEACHIN, PETITIONER,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MOTION No. (107/10)

MEMORANDUM AND ORDER

Motion for reargument granted and, upon reargument, the memorandum and order entered March 26, 2010 (71 AD3d 1558) is amended by deleting the ordering paragraph and substituting the following ordering paragraph "that the determination is unanimously confirmed without costs and the petition is dismissed" and by deleting the last paragraph of the memorandum.

PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND LINDLEY, JJ.

20100611

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