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MATTER OF DUNCAN v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

62 A.D.3d 696 (2009)

878 N.Y.S.2d 194

In the Matter of DANTON DUNCAN, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided May 5, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

By judgment rendered February 13, 2001, the petitioner was convicted, upon a jury verdict, of assault in the second degree and menacing in the third degree. In this proceeding pursuant to CPLR article 78, inter alia, to review a determination of the New York State Department of Correctional Services that the petitioner's sentence includes a period of postrelease supervision, the petitioner alleges...

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