BETANCES v. FISCHER

No. 15-2836-cv August Term, 2015.

837 F.3d 162 (2016)

Paul BETANCES, individually and on behalf of others similarly situated, Lloyd A. Barnes, and Gabriel Velez, a/k/a Gabriel Belize, individually and on behalf of others similarly situated, Plaintiffs-Appellees, v. Brian FISCHER, individually and in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS), Anthony J. Annucci, individually and in his capacity as Deputy Commissioner and Counsel for the New York State Department of Corrections and Community Supervision, and Terence Tracy, in his individual capacity and in his capacity as Chief Counsel for the Division of Parole, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 16, 2016.


Attorney(s) appearing for the Case

HAYLEY HOROWITZ ( Matthew D. Brinckerhoff , Alanna Small , on the brief), Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Plaintiffs-Appellees.

STEVEN C. WU , Deputy Solicitor General ( Barbara D. Underwood , Solicitor General; Claude S. Platton , Senior Assistant Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, for Defendants-Appellants.

Before: WALKER, RAGGI, and DRONEY, Circuit Judges.


In Earley v. Murray, 451 F.3d 71 (2d Cir. 2006) ("Earley I"), we held that the New York State Department of Correctional Services's ("DOCS") practice of administratively adding a term of post-release supervision ("PRS") to sentences in which PRS had not been imposed...

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