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STATE OF NEW YORK v. MYERS

22 Misc.3d 809 (2008)

870 N.Y.S.2d 757

STATE OF NEW YORK et al., Plaintiffs, v. MICHAEL MYERS et al., Individually and on Behalf of All Others Similarly Situated, Defendants.

Supreme Court, Albany County.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (William D. Gibney and Robert Newman of counsel), for Malcolm Carter, defendant.

Prisoners Legal Services, Albany (James Bogin of counsel), for Michael Myers and another, defendants.

Peter Torncello, Public Defender, Albany (Joseph McCoy and Michael Jurena of counsel), for Roger Smalls, defendant.

Andrew M. Cuomo, Attorney General, Albany (Michael J. Keane and Gerald J. Rock of counsel), for plaintiffs.

OPINION OF THE COURT

JOHN C. EGAN, JR., J.

This amended decision and order supercedes the decision and order dated October 21, 2008. (See 22 Misc.3d 741.)1 By stipulation dated December 5, 2008, all parties consented to the issuance of an amended decision and order in this action, based on the parties' recollection that, as a result of a prior court conference, plaintiffs' time to...

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