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PEOPLE EX REL. SCARING v. WARDEN

65 A.D.3d 1391 (2009)

885 N.Y.S.2d 608

THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEPHEN P. SCARING, on Behalf of ANTHONY BATTISTI, Petitioner, v. WARDEN NASSAU COUNTY CORRECTIONAL CENTER, Respondent.

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

Decided September 29, 2009.

Adjudged that the writ is dismissed, without costs or disbursements.

The determination of the Supreme Court, Nassau County, was not an improvident exercise of discretion, and did not violate "constitutional or statutory standards" (People ex rel. Klein v Krueger, 25 N.Y.2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson, 48 N.Y.2d 230...

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