PEOPLE EX REL. DeCARR v. WOLCOTT

380.1 KAH 20-00666.

197 A.D.3d 904 (2021)

150 N.Y.S.3d 654

2021 NY Slip Op 04818

The People of the State of New York ex rel. Traci DeCarr, Appellant, v. Julie Wolcott, Superintendent, Orleans Correctional Facility, et al., Respondents.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

KAREN MURTAGH, EXECUTIVE DIRECTOR, PRISONERS' LEGAL SERVICES OF NEW YORK, BUFFALO ( DAVID W. BENTIVEGNA OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG , OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Troutman, Winslow and Bannister, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus on, inter alia, the ground that the Department of Corrections and Community Supervision lacked authority to place him in a Residential Treatment Facility (RTF) during his period of postrelease supervision based on his failure to locate a residence that complied with the requirements...

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