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MTR OF DESIMONE v. HODAPP

26335/10

33 Misc.3d 578 (2011)

929 N.Y.S.2d 484

2011 NY Slip Op 21317

In the Matter of SCOTT V. DESIMONE, Petitioner, v. HELENE HODAPP et al., in Their Official Capacities as Probation Officers, et al., Respondents.

Supreme Court, Westchester County.

Decided September 9, 2011.

Attorney(s) appearing for the Case

Robert F. Meehan , County Attorney, White Plains, for respondents. Richard L. Giampa , Bronx, for petitioner.

OPINION OF THE COURT

JOHN P. COLANGELO, J.

Petitioner Scott V. DeSimone is currently serving a felony probationary sentence which is due to expire by its terms in 2014. He brings this CPLR article 78 proceeding for an order and judgment annulling, vacating and setting aside the denial by respondent Probation Officers Helene Hodapp and Robert Lhotan and the Westchester County Department of Probation (collectively respondents) of petitioner's request for permission...

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