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MATTER OF MILLER v. NEW YORK STATE DEPT. OF CORR. AND COMMUNITY SUPERVISION

9921, 6561/91, 401723/11.

105 A.D.3d 677 (2013)

965 N.Y.S.2d 404

2013 NY Slip Op 3034

In the Matter of MICHAEL MILLER, Also Known as MIKE JOHNSON, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Appellant.

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

Decided April 30, 2013.

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about September 9, 2011, which granted the petition brought pursuant to CPLR article 78 seeking an order directing respondent Department of Corrections and Community Supervision (DOCCS) to terminate petitioner's parole administratively pursuant to Correction Law § 205 (4), and accordingly ordered respondent to grant petitioner termination of sentence, unanimously reversed, on the law, without costs...

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