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MATTER OF ORIOLE v. SAUNDERS

5073.

66 A.D.3d 280 (2009)

884 N.Y.S.2d 719

In the Matter of MARK ORIOLE, Respondent, v. TERRY SAUNDERS, as Chief Administrative Law Judge of the New York State Division of Parole, Appellant.

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

Decided August 25, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Michael S. Belohlavek and Richard O. Jackson of counsel), for appellant.

Steven Banks, The Legal Aid Society, New York City (Lester Helfman of counsel), for respondent.

MAZZARELLI, J.P., BUCKLEY, ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The relief petitioner seeks in this proceeding is, in effect, a declaration that he is entitled to receive credit against his 3-to-6-year sentence on a third-degree burglary conviction for a period of approximately 20 months during which he absconded from his parole. Petitioner argues that this benefit should be conferred on him by reason of his conviction of a new felony (attempted assault in the second degree) committed...

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