Miller v. New York State Department of Corrections & Community Supervision

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered on or about September 9, 2011, which granted the petition brought pursuant to CPLR article 78 seeking an order directing respondent Department of Corrections and Community Supervision (DOCCS) to terminate petitioner’s parole administratively pursuant to Correction Law § 205 (4), and accordingly ordered respondent to grant petitioner termination of sentence, unanimously reversed, on the law, without costs, the petition denied, and the proceeding dismissed.

Correction Law § 205 provides, in pertinent part, that DOCCS “must grant…