On June 22, 1995 petitioner, who had received a certificate of earned eligibility, was denied parole release by respondent. Petitioner subsequently commenced a habeas corpus proceeding, later converted to the instant CPLR article 78 proceeding, to challenge this determination. On February 20, 1996, petitioner appeared at a second parole hearing, at which time he again was denied release on parole. Supreme Court correctly concluded that petitioner's subsequent appearance before...
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