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HAWKINS v. NYS DEPT. OF CORR.

521536

140 A.D.3d 34 (2016)

30 N.Y.S.3d 397

2016 NY Slip Op 03236

In the Matter of DEMPSEY HAWKINS, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Appellants.

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

Decided April 28, 2016.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for appellants.

Issa Kohler-Hausmann, New York City, and Christopher Seeds, Ithaca, for respondent.

New York Civil Liberties Union, New York City (Philip Desgranges of counsel), and The Legal Aid Society, New York City (Cynthia Conti-Cook of counsel), amici curiae.

GARRY, J., concurs in a separate opinion in which LYNCH, J., concurs; EGAN JR., J., concurs in part and dissents in part in a separate opinion in which ROSE, J., concurs.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered May 14, 2015 in Sullivan County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78 to, among other things, annul a determination of respondent Board of Parole denying petitioner's request for parole release...

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