PEOPLE EX REL. DURHAM v. ANNUCCI

234 KAH 18-01640.

170 A.D.3d 1634 (2019)

94 N.Y.S.3d 911

2019 NY Slip Op 02215

The People of the State of New York ex rel. Andre Durham, Appellant, v. Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided March 22, 2019.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment that converted his habeas corpus proceeding into a CPLR article 78 proceeding and dismissed the petition. He contends that he is being held illegally beyond his conditional release date based on respondent's erroneous position that petitioner's release is conditioned on his compliance with Executive Law § 259-c (14), which...

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