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IN THE MATTER OF LEONARD v. DUSHANTINSKI

4 A.D.3d 642 (2004)

771 N.Y.S.2d 743

In the Matter of FRANKLIN LEONARD, Appellant, v. MARGARET DUSHANTINSKI, as Inmate Records Coordinator, Auburn Correctional Facility, et al., Respondents.

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

February 19, 2004.

Mercure, J.

In January 1999, petitioner was sentenced to concurrent prison terms of 3½ to 7 years upon his conviction of the crimes of robbery in the second degree and criminal possession of stolen property in the third degree. He entered the custody of the Department of Correctional Services (hereinafter DOCS) on April 1, 1999. In January 2000, it was determined that the sentence imposed on petitioner's conviction of robbery in the second degree was not in compliance...

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