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MATTER OF RODRIGUEZ v. SCHRIRO

104934/2010.

2011 NY Slip Op 21444

IN THE MATTER OF THE APPLICATION OF MICHAEL RODRIGUEZ, Petitioner, v. DORA B. SCHRIRO, COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION; NEW YORK CITY DEPARTMENT OF CORRECTION; AND CITY OF NEW YORK, Respondents.

Supreme Court, New York County.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Malcolm Goldstein Esq. , Mercedes Maldonado Esq. , Koehler & Isaacs LLP, 61 Broadway, New York, NY 10006, For Petitioner.

Emily Califano , Special Assistant Corporation Counsel, Ashley Hale , Assistant Corporation Counsel, 100 Church Street, New York, NY 10007, for Respondents.

LUCY BILLINGS, J.

I. BACKGROUND

On October 21, 2009, petitioner, then a tenured New York City corrections officer, pleaded guilty in Pennsylvania to stalking. Pa. C.S.A. § 2709.1. On December 22, 2009, petitioner was sentenced to two months to one year of imprisonment followed by probation. The sentence also included anger management counseling and a mental health evaluation. On February 12, 2010, respondent New York City Department of Correction...

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