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O'Brien v. Fischer and Smith v. Fischer (Albany Co. Sup. Ct.) - PLSNY
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O’Brien v. Fischer and Smith v. Fischer (Albany Co. Sup. Ct.)

These Article 78 challenged DOCS administrative imposition of post-release supervision. We received a favorable decision from the Third Department, invalidating the period of PRS for both Mr. Smith and Mr. O’Brien.

State of New York, New York State DOCS, and New York State Division of Parole v. Michael Myers, Roger Smalls, Jesus Negron, and Malcom Carter, individually and on behalf of all others similarly situated. (Albany County Supreme Court, Index No. 4834-08)

This extraordinary and novel case was commenced by the state as a defendant class action. The purported defendant class consisted of all people in prison or under parole supervision who received determinate sentences, required by statute to include post release supervision (PRS), but for whom the sentencing court did not specifically impose PRS, Legal Aid and the Albany County Public Defender represented the defendants..

Working with our co-counsel, we filed a motion to dismiss the complaint on numerous grounds, including that the complaint did not assert any cause of action against the defendants, that the case was moot in light of recent changes in the statute governing PRS, that this was not an appropriate case for a declaratory judgment, which was the only relief sought, and that, to the extent the proposed declaration would authorize Plaintiffs to hold defendants beyond the sentences actually imposed, it was without legal support. After extended discussions and filings Judge Egan granted our motion to dismiss.