Brown v. Evans

OPINION OF THE COURT

Lucy Billings, J.

Petitioner, an inmate in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) currently incarcerated at Orleans Correctional Facility, challenges respondent DOCCS chairwoman’s time assessment of 24 months in additional incarceration after petitioner pleaded guilty to a violation of his parole conditions. (CPLR 7803 [3], [4].) Respondent moves to dismiss the petition on the grounds that it fails to state a claim that respondent’s determination violated constitutional due process guarantees or Executive Law § 259-i…