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MATTER OF CRUZ v. NEW YORK STATE DEP'T OF PAROLE

212 A.D.2d 699 (1995)

622 N.Y.S.2d 603

In the Matter of Marcelino Cruz, Appellant, v. New York State Department of Parole, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 21, 1995

Ordered that the judgment is affirmed, without costs or disbursements.

On appeal, the petitioner contends that the determination of the New York State Board of Parole (sued herein as the New York State Department of Parole) to revoke his parole and incarcerate him for 48 months was arbitrary and capricious because he needs in-patient treatment for his alcoholism, not incarceration (see, Matter of Telefarro v Hammock, 84 A.D.2d 790

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