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MATTER OF NEW YORK STATE COMMISSION OF CORRECTION v. HOWARD

CA 10-01125.

81 A.D.3d 1434 (2011)

917 N.Y.S.2d 488

In the Matter of NEW YORK STATE COMMISSION OF CORRECTION, Respondent, v. TIMOTHY B. HOWARD, Individually and in His Capacity as Sheriff of Erie County, Appellant.

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

Decided February 18, 2011.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the 8th, 9th, and 15th decretal paragraphs and as modified the judgment is affirmed without costs.

Memorandum: Petitioner commenced this special proceeding seeking "an [o]rder pursuant to [a]rticle 4 of the CPLR and . . . Correction Law [§] 46 (4)" directing respondent to comply with certain regulations applicable to the management of county jails and penitentiaries...

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