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SUITOR v. STATE OF NEW YORK

127 Misc.2d 172 (1985)

Daniel Suitor, Claimant, v. State of New York, Defendant. (Claim No. 68141.)

Court of Claims.

January 31, 1985

Attorney(s) appearing for the Case

Diebold, Bermingham, Gorman, Brown & Cook, P. C. (Joseph D. Bermingham, Jr., of counsel), for claimant. Robert Abrams, Attorney-General (William R. Crowe of counsel), for defendant.

DONALD J. CORBETT, JR., J.

Claimant brings this timely filed unassigned claim against the State of New York for having failed to release him from Attica Correctional Facility (Attica) upon his conditional release date. (Penal Law § 70.40 [1] [b].) Claimant contends, without significant dispute, that he remained incarcerated for some 42 days beyond the date upon which he should have been released.

In July 1978 claimant, while being represented...

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