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MATTER OF KROEMER v. JOY

2 Misc.3d 265 (2003)

769 N.Y.S.2d 357

In the Matter of KENT KROEMER, Petitioner, v. DEBRA JOY, as Director of Temporary Release Programs, Respondent.

Supreme Court, Yates County.

November 17, 2003.

Attorney(s) appearing for the Case

Kent Kroemer, petitioner pro se.

Eliot Spitzer, Attorney General (Emil J. Bove, Jr., of counsel), for respondent.

OPINION OF THE COURT

W. PATRICK FALVEY, J.

There is a dearth of case law addressing the issue of whether or not the petitioner's Tier III hearing afforded this defendant due process under the Federal Constitution concerning his temporary release status.

The petitioner, Kent Kroemer, filed a CPLR article 78 petition, alleging various violations of his due process rights and errors in the respondent's removal...

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