STATE v. MYERS

4934-08

2008 NY Slip Op 28530

THE STATE OF NEW YORK, THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND THE NEW YORK STATE DIVISION OF PAROLE, Plaintiffs, v. MICHAEL MYERS, ROGER SMALLS, JESUS NEGRON AND MALCOLM CARTER, Individually, and on behalf of all others similarly situated, Defendants.

Supreme Court of the State of New York, Albany County.

Decided December 24, 2008.


Attorney(s) appearing for the Case

ANDREW M. CUOMO, Attorney General of the State of New York, Michael J. Keane, Esq. and Gerald J. Rock, Esq., NYS Department of Law — The Capitol, Albany, New York, Attorneys for Plaintiffs.

William D. Gibney, Esq. and Robert Newman, Esq., THE LEGAL AID SOCIETY, New York, New York, Attorneys for Defendant Malcolm Carter.

James Bogin, Esq., PRISONERS LEGAL SERVICES, Albany, New York, Attorneys for the Defendants Michael Myers and Jesus Negron.

PETER TORNCELLO, ESQ., Albany County Public Defender, Joseph McCoy, Esq., and Michael Jurena, Esq., Albany, New York, Attorneys for the Defendant Roger Smalls.


JOHN C. EGAN, J.

This Amended Decision and Order supercedes the Decision and Order dated October 17, 20081. 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, that plaintiffs' time to move for class certification and for leave to amend the complaint was extended until after such time...

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