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IN THE MATTER OF ST. LOUIS v. FISCHER

8663-08.

2009 NY Slip Op 30981 (U)

In The Matter of PHILLIP ST. LOUIS, Petitioners, For A Judgment Pursuant to Article 78 of the Civil Practice Law and Rules. v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRETIONAL SERVICES, Respondents,

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

March 19, 2009.

Attorney(s) appearing for the Case

John T. Casey, Jr., Esq., Troy, NY, Attorney For the Petitioner.

Andrew M. Cuomo, Attorney General, State of New York, The Capitol Albany, New York, Justin C. Levin, Assistant Attorney General of Counsel Attorney For Respondent.

DECISION/ORDER/JUDGMENT

George B. Ceresia, Jr., Justice.

The petitioner, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), has commenced the above-captioned CPLR Article 78 proceeding to review a determination dated June 24, 2008 in which his application for temporary release was denied.

The Court notes that the undersigned entertained a prior CPLR Article 78 proceeding involving this petitioner in 2008...

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