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

17 A.D.3d 756 (2005)

791 N.Y.S.2d 862

In the Matter of ANTHONY CULPEPPER, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

April 7, 2005.

In October 2001, petitioner appeared before respondent for consideration of parole release. Respondent denied petitioner's application for parole release by decision dated November 5, 2001, prompting this CPLR article 78 proceeding. Respondent moved to dismiss the petition as moot given petitioner's reappearance before it on November 6, 2003. Supreme Court denied the motion, but dismissed the petition on the merits. This appeal ensued.

Although petitioner commenced...

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