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In the Matter of Chris A. Beck, Appellant, v. Hans Walker, as Superintendent of Auburn Correctional Facility, et al., Respondents

New York Supreme Court, Appellate Division1999-07-09
263 A.D.2d 957698 N.Y.S.2d 925

Authorities cited

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Opinion

majority opinion

—Judgment unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court abused its discretion in denying petitioner’s application to add the Commissioner of the Department of Correctional Services and its Director of Personnel as necessary parties to the proceeding (see, CPLR 1001 [a]; 1003). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — CPLR art 78.) Present — Denman, P. J., Lawton, Hurlbutt, Scudder and Balio, JJ.