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PEOPLE (HARPER) v. WARDEN

21 Misc.3d 906 (2008)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MATTHEW HARPER, Petitioner, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, et al., Respondents.

Supreme Court, Bronx County.

October 14, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Andrew Meier of counsel), for respondents.

Percival A. Clarke, Bronx, for petitioner.

OPINION OF THE COURT

BARBARA F. NEWMAN, J.

By decision and order dated August 27, 2008 (hereinafter the 8/27/08 order), this court, inter alia, converted the above-captioned action from a special proceeding under article 70 of the Civil Practice Law and Rules to a special proceeding under CPLR article 78. Upon conversion the court granted the petition to the extent and only to the extent that the period...

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