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IN THE MATTER OF KIRKPATRICK v. TRAVIS

5 A.D.3d 385 (2004)

772 N.Y.S.2d 540

In the Matter of GERALD KIRKPATRICK, Petitioner, v. BRION D. TRAVIS, Respondent.

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

March 1, 2004.

Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

The determination of the New York State Board of Parole (hereinafter the Board) denying the petitioner's second request to be released on parole does not show "irrationality bordering on impropriety" (Russo v New York State Bd. of Parole, 50 N.Y.2d 69,77 [1980]; see Matter...

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