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Shepherd v. Annucci

Court Adheres to Denial of Inmates Request Prohibiting DOCCS From Transferring Him to FPCF

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ORDER GRANTING REARGUMENTDECISION & JUDGMENT

*1 The Petitioner herein, Eon Shepherd, filed this Article78 proceeding requesting the Court grant Petitioner a reasonable accommodation request, transferring him to a flat prison where he does not have to walk long distances and which can accommodate his physical limitations; allowing Petitioner access to programs, religious services, activities; to provide him with adequate medical care for his breathing complications as well as treatment that offers him relief for his chronic extreme pain and discomfort in his lower back, right shoulder, knee and hips, and for an Order directing the issuance of medical boots for his painful hammer toes. In addition, the Petitioner requests an Order directing the Respondent to refund him for monies that were allegedly illegally taken out of his account for postage; for an Order directing Respondent to house Petitioner in the New York City, downstate, or the Sullivan County hub, together with such other and further relief as to the Court seems just and proper. A Verified Answer and Return has been received from the Respondent through his attorney, Assistant Attorney General Ted O’Brien. The Court issued a Decision and Judgment denying the petition in July of 2017. The Petitioner, per letter dated July 15, 2017, requested that this Court allow renewal or reargument, noting he had brought prior applications for the same issues, to wit, that the Respondent had transferred him to Five*2

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