MATTER OF DEL GALDO v. ANNUCCI

523113.

149 A.D.3d 1431 (2017)

2017 NY Slip Op 03233

50 N.Y.S.3d 892

In the Matter of JOSEPH DEL GALDO, Appellant, v. ANTHONY ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided April 27, 2017.


Petitioner commenced this CPLR article 78 proceeding challenging a February 2015 determination of the Board of Parole that denied his request for parole release. He alleged, among other things, that the Board failed to take into consideration his Transitional Accountability Plan (hereinafter TAP) pursuant to 9 NYCRR 8002.3 (a) (12). Supreme Court dismissed the petition, but did not address petitioner's claim regarding the lack of consideration of his TAP due to petitioner...

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