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MATTER OF MARXUACH v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

2020-07541 Index No. 504/17.

214 A.D.3d 873 (2023)

186 N.Y.S.3d 280

2023 NY Slip Op 01511

In the Matter of Francisco Marxuach, Appellant, v. New York State Department of Corrections and Community Supervision et al., Respondents.

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

Decided March 22, 2023.

Attorney(s) appearing for the Case

Kelley M. Enderley , Poughkeepsie, NY, for appellant.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and Stephen J. Yanni of counsel), for respondents.

Brathwaite Nelson, J.P., Iannacci, Ford and Voutsinas, JJ., concur.

In a habeas corpus proceeding, the petitioner appeals from an order of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated September 1, 2020. The order, insofar as appealed from, denied that branch of the petitioner's motion which was for his immediate release to the community under applicable conditions of postrelease supervision.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In this habeas corpus proceeding,...

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