IN THE MATTER OF ALMEYDA v. TRAVIS


21 A.D.3d 1200 (2005)

800 N.Y.S.2d 856

In the Matter of RAFAEL ALMEYDA, Appellant, v. BRION D. TRAVIS, as Chair of the New York State Board of Parole, Respondent.

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

September 22, 2005.


Petitioner is serving a prison sentence of 15 years to life upon a 1979 conviction of murder in the second degree for the death of his infant child. Petitioner appeared before the Board of Parole for the seventh time in April 2004 and was again denied parole release. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging that determination. Supreme Court dismissed the petition and this appeal ensued.

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