MATTER OF ALLEN v. NEW YORK STATE DIV. OF PAROLE


252 A.D.2d 691 (1998)

675 N.Y.S.2d 409

In the Matter of Victor J. Allen, Appellant, v. New York State Division of Parole, Respondent

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

July 9, 1998


Petitioner commenced this CPLR article 78 proceeding contending that respondent's determination to revoke his parole should be annulled because it is not supported by substantial evidence, was influenced by Hearing Officer bias and resulted in an excessive penalty. The record reveals that petitioner unsuccessfully advanced nearly identical arguments in two prior proceedings commenced pursuant to CPLR article 70. Because petitioner was afforded a full and fair opportunity...

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