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Matter of Waters v Taylor 2011 NY Slip Op 33350(U) August 16, 2011 Supreme Court, St. Lawrence County Docket Number: 135952 Judge: S. Peter Feldstein Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE -----------------------------------------------------X In the Matter of the Application of TUMAR WATERS,#99-A-4945, Petitioner, for Judgment Pursuant to Article 78 of the Civil Practice Law and Rules -againstJUSTIN TAYLOR, Superintendent, Gouverneur Correctional Facility, and MARTIN F. HORN, Commissioner, NYC Department of Correction, Respondents. -----------------------------------------------------X This proceeding was originated by the Petition for a Writ of Habeas Corpus of Tumar Waters, filed in the St. Lawrence County Clerk's office on April 22, 2011. Petitioner, who is an inmate at the Gouverneur Correctional Facility, is challenging the computation of jail time credit associated with his current incarceration in DOCS custody. An Order to Show Cause was issued on May 5, 2011 and as a part thereof this proceeding was converted into a proceeding for judgment pursuant to Article 78 of the CPLR. The Court has since received and reviewed the "Motion to Dismiss Order to Show Cause" of the respondent Horn, dated June 17, 2011, as well as the Answer and Return of the respondent Taylor, dated July 8, 2011. The Court has also received and reviewed petitioner's Reply thereto (denominated "TRAVERE [sic] THE RETURN IN OPPOSITION TO THE DEFENDANTS [sic] ANSWER"), filed in the St. Lawrence County Clerk's office on July 25, 2011. On July 27, 1995 petitioner was sentenced in Supreme Court, New York County, to an indeterminate sentence of 1 to 3 years upon his conviction of the crime of Attempted DECISION AND JUDGMENT RJI #44-1-2011-0306.15 INDEX #135952 ORI # NY044015J

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Criminal Sale of a Controlled Substance 3

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