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MATTER OF DAY v. PATAKI

166 Misc.2d 432 (1995)

633 N.Y.S.2d 747

In the Matter of James Day, Petitioner, v. George Pataki, as Governor, Respondent.

Supreme Court, Albany County.

October 23, 1995

Attorney(s) appearing for the Case

James Day, petitioner pro se. Dennis C. Vacco, Attorney-General, Albany (Steven H. Schwartz of counsel), for respondent.

GEORGE B. CERESIA, JR., J.

The inmate petitioner has commenced the instant CPLR article 78 proceeding seeking an order directing respondent to rescind and annul Executive Order No. 5 on the grounds that it violates the New York Constitution. Respondent also seeks an order restoring his eligibility to participate in the temporary release program.

Petitioner applied for participation in the temporary...

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