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IN THE MATTER OF DUARTE v. CITY OF NEW YORK

2011-03773.

91 A.D.3d 778 (2012)

936 N.Y.S.2d 671

2012 NY Slip Op 373

In the Matter of ARISLEDA DUARTE, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 17, 2012.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner, a pregnant inmate awaiting trial at the Rose M. Singer Center Correctional Facility at Rikers Island, applied to the New York City Department of Correction (hereinafter the DOC) to be admitted to the facility's Nursery Program, which allows for an inmate who gives birth while incarcerated to nurse and care for her newborn child in the facility's nursery for up to 18 months after...

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