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PEOPLE v. CORRECTIONAL SERVS.

12571/2010.

35 Misc.3d 706 (2012)

943 N.Y.S.2d 379

2012 NY Slip Op 22068

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RICHARD M. LANGONE, on Behalf of ALBERTO MUNIZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

Supreme Court, Orange County.

March 15, 2012.

Attorney(s) appearing for the Case

Langone & Associates, PLLC, Levittown ( Richard M. Langone of counsel), for petitioner. Eric T. Schneiderman , Attorney General, Poughkeepsie ( Jeane L. Strickland-Smith of counsel), for respondents.

OPINION OF THE COURT

LAWRENCE H. ECKER, J.

This proceeding raises an apparent issue of first impression involving petitioner Albert Muniz, a federal prisoner, who is serving both state and federal sentences. Muniz brings this special proceeding pursuant to CPLR articles 70 and 78 seeking relief from a New York State detainer warrant lodged against him at the federal correctional institution in Otisville, New York in Orange County where he is currently serving...

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