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IN THE MATTER OF GASTON v. BERBARY

16 A.D.3d 1158 (2005)

791 N.Y.S.2d 781

In the Matter of KENNETH L. GASTON, Appellant, v. JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

March 18, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment denying his petition pursuant to CPLR article 78 seeking to vacate the determination of the New York State Division of Parole (Board) denying his release to parole supervision. Petitioner was sentenced in 1978 to, inter alia, a term of 20 years to life imprisonment for his conviction of murder...

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