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MATTER OF McLEOD v. STANCARI

150 Misc.2d 115 (1991)

In the Matter of Thomas McLeod, Petitioner, v. Joseph Stancari, as Warden of Westchester County Penitentiary, Respondent.

Supreme Court, Westchester County.

March 15, 1991

Attorney(s) appearing for the Case

Thomas McLeod, petitioner pro se. Marilyn J. Slaatten, County Attorney (John J. Smith of counsel), for respondent.

JOHN R. LaCAVA, J.

The issue to be decided in this CPLR article 78 proceeding in the nature of mandamus is a novel one. Must a conditional civil order of commitment explicitly state that the imposed condition is one determined to be within the committed person's "power to perform" before such person can be denied consideration for good time behavior pursuant to section 804-a of the Correction Law. The court...

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