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IN THE MATTER OF BREEDEN v. DONNELLI

26 A.D.3d 660 (2006)

808 N.Y.S.2d 839

In the Matter of EDWARD BREEDEN, Appellant, v. JOHN J. DONNELLI, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 16, 2006.

MUGGLIN, J.

Petitioner is currently serving a prison sentence of 12½ to 25 years in connection with his sexual assault of a 13-year-old female. Although petitioner's conditional release date was February 7, 2004, he was not released at that time and remains incarcerated due to his failure to fulfill the requirement of the Board of Parole that he secure a suitable residence. Petitioner commenced this proceeding, challenging the denial. Supreme Court dismissed...

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