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MATTER OF CLARK v. VILLEGAS

4228. 102/17.

153 A.D.3d 437 (2017)

61 N.Y.S.3d 1

2017 NY Slip Op 06150

In the Matter of DARCEL D. CLARK, Petitioner, v. GEORGE R. VILLEGAS et al., Respondents.

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

Decided August 15, 2017.

Petitioner seeks to prohibit respondents from enforcing an order directing DOCCS to credit respondent Robinson with jail time that he never actually served. Justice George R. Villegas has elected, pursuant to CPLR 7804 (i), not to appear in this proceeding. We conclude that this article 78 proceeding is the proper procedural vehicle for the relief sought (see Matter of Pirro v Angiolillo, 89 N.Y.2d 351, 355 [1996]; Matter of Holtzman...

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