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PEOPLE EX REL. MacKENZIE v. CUNNINGHAM

508214.

78 A.D.3d 1434 (2010)

910 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN MacKENZIE, Appellant, v. RAYMOND CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, et al., Respondents.

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

Decided November 24, 2010.

Lahtinen, J.

Petitioner claims that the denial of his request for parole release constituted the breach of an express or implied contract created by the provisions of Department of Correctional Services form 3617. As we have previously held, form 3617 does not give rise to a contractual obligation, and Supreme Court properly dismissed the petition (see People ex rel. St. Pierre v Cunningham, 73 A.D.3d 1310, 1310-1311...

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