IN THE MATTER OF SILVERMAN v. NEW YORK STATE BOARD OF PAROLE


21 A.D.3d 1177 (2005)

800 N.Y.S.2d 855

In the Matter of DAVID SILVERMAN, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

September 15, 2005.


Petitioner is serving a prison sentence of 5 to 15 years upon his 1996 conviction of assault in the first degree for shooting a man in the back during a verbal altercation. Petitioner commenced this CPLR article 78 proceeding challenging respondent's denial of his request for parole release upon his second appearance. Supreme Court dismissed the petition and this appeal ensued.

We affirm. "Notwithstanding the receipt of a certificate of earned eligibility, [respondent...

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