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MATTER OF BROWN v. EVANS

402471/2011.

39 Misc.3d 171 (2012)

955 N.Y.S.2d 476

2012 NY Slip Op 22360

In the Matter of NATHANIAL BROWN, Petitioner, v. ANDREA EVANS, Chairwoman of New York State Department of Corrections & Community Supervision, Respondent.

Supreme Court, New York County.

March 9, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Michael Arcati of counsel), for respondent. Legal Aid Society, New York City ( Kerry Elgarten of counsel), for petitioner.

OPINION OF THE COURT

LUCY BILLINGS, J.

Petitioner, an inmate in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) currently incarcerated at Orleans Correctional Facility, challenges respondent DOCCS chairwoman's time assessment of 24 months in additional incarceration after petitioner pleaded guilty to a violation of his parole conditions. (CPLR 7803 [3], [4].) Respondent moves to dismiss the petition on the grounds...

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