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DONALD v. STATE

24 Misc.3d 329 (2009)

875 N.Y.S.2d 435

FARRAH DONALD, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 115414.)

Court of Claims.

Decided February 5, 2009.

Attorney(s) appearing for the Case

Trevett Cristo Salzer & Andolina P.C. (Kevin K. McKain of counsel), for claimant.

Andrew M. Cuomo, Attorney General (Michael T. Krenrich of counsel), for defendant.

OPINION OF THE COURT

FRANK P. MILANO, J.

Claimant moves pursuant to CPLR 3212 for partial summary judgment as to defendant's liability on this wrongful confinement claim. The claim alleges that the New York State Department of Correctional Services (DOCS) unlawfully added a period of mandatory postrelease supervision (PRS) onto claimant's sentence even though the PRS term was never imposed by the sentencing judge. Claimant further alleges that the administratively...

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