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MATTER OF MARINO v. FISCHER

52 A.D.3d 985 (2008)

858 N.Y.S.2d 610

In the Matter of LEO A. MARINO, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 12, 2008.

Lahtinen, J.

In 2003, petitioner was convicted of numerous offenses, including burglary in the second degree, and was sentenced to concurrent determinate terms of imprisonment, without explicitly being sentenced to a period of postrelease supervision. Upon learning that respondent intended to subject him to a five-year period of postrelease supervision, petitioner commenced this CPLR article 78 proceeding to prohibit respondent from doing so. Supreme Court dismissed...

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