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SPAVONE v. NEW YORK STATE DEPT.

No. 11-617.

719 F.3d 127 (2013)

Steven SPAVONE, Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Brian Fischer, Commissioner (DOCS), Nick Chalk, Temporary Release Chairman (WCF), Deborah Joy, Director Temporary Release (DOCS), Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2013.

Attorney(s) appearing for the Case

Matthew W. Grieco , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Benjamin N. Gutman , Deputy Solicitor General, Cecelia C. Chang , Assistant Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Defendants-Appellants.

Hannah Y.S. Chanoine , Mayer Brown LLP, New York, NY, for Plaintiff-Appellee.

Before: LEVAL, KATZMANN and LIVINGSTON, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

This case concerns how the New York State Department of Correctional Services1 ("DOCS") determines when an inmate receives temporary medical leave from prison for the treatment of mental illness. Plaintiff-Appellee Steven Spavone ("Spavone") requested a leave of absence from prison in order to obtain additional treatment for his post-traumatic stress disorder...

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