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MATTER OF WILSON v. ABATE

211 A.D.2d 516 (1995)

621 N.Y.S.2d 566

In the Matter of Fred Wilson, Appellant, v. Catherine M. Abate, as Commissioner of The New York City Department of Correction, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 19, 1995

As petitioner has not challenged the constitutionality of the list, the list need not be extended merely due to the commencement of the litigation within the list's lifetime (Matter of Deas v Levitt, 73 N.Y.2d 525, cert denied 493 U.S. 933). We agree with the IAS Court that respondents' refusal to exercise their discretion to extend the list (Matter of DiNatale v Levitt, 76 N.Y.2d 548

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