MATTER OF KIRBY v. FISCHER

Index No. 1976-08, RJI # 01-08-ST8948.

2009 NY Slip Op 30001 (U)

In The Matter of KAI KIRBY, 95-R-6672 Petitioner, v. BRIAN FISCHER, COMMISSIONER OF DOCS; ANTHONY ANNUCCI, DEPUTY COMMISSIONER AND COUNSEL, DOCS; DAVID NAPOLI, SUPERINTENDENT OF SOUTHPORT C.F., Respondents, For A Judgment Pursuant to Article 78 of the Civil Practice Law and Rules.

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

January 2, 2009.


Attorney(s) appearing for the Case

Kai Kirby, Inmate No. 95-R-6672, Pine City, NY, Petitioner, Pro Se.

Andrew M. Cuomo, Attorney General State of New York, The Capitol Albany, New York, C. Harris Dague, Assistant Attorney General of Counsel), Attorney For Respondent.


DECISION/ORDER/JUDGMENT

George B. Ceresia, Jr., Justice

Petitioner, an inmate at Southport Correctional Facility, has commenced the instant CPLR Article 78 proceeding for mandamus to compel his release from custody by the Department of Correctional Services (DOCS) to the custody of the Ulster County Sheriff pending the issuance of a Certificate of Conviction. Further, petitioner seeks to have four disciplinary proceedings expunged from his institutional...

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