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MATTER OF KING v. NEW YORK STATE DIVISION OF PAROLE

306 A.D.2d 482 (2003)

761 N.Y.S.2d 515

In the Matter of DARRYL KING, Respondent, v. NEW YORK STATE DIVISION OF PAROLE et al., Appellants.

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

Decided June 23, 2003.

Ordered that on the Court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The discretionary determination of the New York State Division of Parole to...

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