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MATTER OF WAGNER v. FISCHER

507573.

71 A.D.3d 1356 (2010)

896 N.Y.S.2d 539

In the Matter of JACQUELINE L. WAGNER, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 25, 2010.

In 2007, petitioner was convicted of driving while intoxicated (hereinafter DWI), as a felony, and currently is serving a prison sentence of 1¾ to 5¼ years. While incarcerated, petitioner completed a DWI program and applied for temporary release. Her application was approved for participation in the community service program, dependent upon her compliance with the conditions of the DWI transition program. The DWI transition program does not permit inmates to participate...

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