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IN THE MATTER OF BILLUPS v. NEW YORK STATE DIVISION OF PAROLE

18 A.D.3d 1085 (2005)

795 N.Y.S.2d 408

In the Matter of JAMES BILLUPS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, CHAIR, et al., Respondents.

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

May 26, 2005.

Petitioner is currently serving a 5 to 15-year prison term in connection with the rape of his young daughter. Petitioner's conditional release date was March 13, 2002. However, due to petitioner's failure to comply with the requirement of the Board of Parole that he find a suitable residence, he was not granted release at that time or thereafter. Petitioner commenced this CPLR article 78 proceeding challenging the denial. Following joinder of issue, Supreme Court dismissed...

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