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MATTER OF BURGOS v. BERBARY

278 A.D.2d 930 (2000)

718 N.Y.S.2d 687

In the Matter of RICARDO BURGOS, Respondent, v. JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, et al., Appellants.

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

Decided December 27, 2000.

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in vacating the determination denying petitioner parole release and directing the Parole Board to reconsider petitioner's parole eligibility. Upon our review of the record, we conclude that the Parole Board complied with the requirements of Executive Law § 259-i (2) (c) (A) in denying petitioner parole release (cf., Matter of King v

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