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ROJAS v. SUFFOLK COUNTY SHERIFF'S OFFICE

06316/2017.

2018 NY Slip Op 28080

IN THE MATTER OF THE APPLICATION OF ANDRES FELIPE FLOREZ ROJAS, Plaintiff-Petitioner, FOR A DECLARATORY JUDGMENT PURSUANT TO ARTICLE 3001 OF THE CIVIL PRACTICE LAW and RULES and A JUDGMENT PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW and RULES, v. SUFFOLK COUNTY SHERIFF'S OFFICE and VINCENT F. DeMARCO, IN HIS OFFICIAL CAPACITY AS SHERIFF OF SUFFOLK COUNTY, Defendants-Respondent.

Supreme Court, Suffolk County.

Decided March 16, 2018.

Attorney(s) appearing for the Case

BENJAMIN N. CARDOZO SCHOOL OF LAW YESHIVA UNIVERSITY, 55 Fifth Avenue, Room 1108, New York, New York 10003, Attorneys for Plaintiff-Petitioner.

SUFFOLK COUNTY DEPARTMENT OF LAW, H Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788, Attorneys for Defendants-Respondents.

In this hybrid CPLR Article 78 proceeding and declaratory judgment action, petitioner/plaintiff Andres Felipe Florez Rojas seeks: (1) a declaration that it violates the United States Constitution, the New York State Constitution and New York State law for respondents/defendents to detain him beyond the period authorized...

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