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IN THE MATTER OF SMITH v. VANN

503512.

2008 NY Slip Op 06402

IN THE MATTER OF KEVIN SMITH, Appellant, v. MARK VANN, as Superintendent of Lyon Mountain Correctional Facility, Respondent.

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

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Kevin Smith, Buffalo, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Denise A. Hartman of counsel), for respondent.

Before: Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

After completing a six-month shock incarceration program, petitioner was released to parole supervision. He was subsequently declared delinquent twice and his parole was revoked following a hearing. The Administrative Law Judge imposed a delinquent time assessment of 24 months pursuant to 9 NYCRR 8010.3 and estimated that the date when petitioner would be eligible for re-release to parole would be March 13, 2008. Before a decision was rendered...

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