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IN THE MATTER OF VELELLA v. NEW YORK CITY LOCAL CONDITIONAL RELEASE COMMISSION

13 A.D.3d 201 (2004)

788 N.Y.S.2d 8

In the Matter of GUY J. VELELLA et al., Appellants, v. NEW YORK CITY LOCAL CONDITIONAL RELEASE COMMISSION et al., Respondents. In the Matter of KAMALA STEPHENS, Appellant, v. NEW YORK CITY LOCAL CONDITIONAL RELEASE COMMISSION et al., Respondents. In the Matter of CARLOS CABA, Appellant, v. DANIEL RICHMAN, as Chairman of New York City Local Conditional Release Commission, et al., Respondents.

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

December 20, 2004.

As to petitioners Gonzalez, Caba and Stephens, their applications were improperly considered prior to the required expiration of 30 days' incarceration (Correction Law § 273 [1]), and thus they were invalidly released. Petitioners Velella and DelToro, who were released on reapplication, but had reapplied less than 60 days after their first applications were submitted (Correction Law § 273 [6]), were also illegally released. Because these statutory mandates were...

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