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MATTER OF MABERY v. NEW YORK STATE BD. OF PAROLE

219 A.D.2d 750 (1995)

631 N.Y.S.2d 87

In the Matter of Fred Mabery, Appellant, v. New York State Board of Parole et al., Respondents

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

September 7, 1995

Petitioner, an inmate serving a term of 8 1/3 to 25 years in prison upon a 1974 conviction, challenges the refusal by respondent State Board of Parole to consider him for parole. He contends that the Board misapplied provisions of the Penal Law in calculating his parole eligibility date in that it failed to properly credit him for time he served in prison in North Carolina between 1972 and 1988. Inasmuch as petitioner has unsuccessfully...

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