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IN MATTER OF PURCELL v. TRAVIS

24 A.D.3d 824 (2005)

805 N.Y.S.2d 441

In the Matter of MICHAEL PURCELL, 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.

December 1, 2005.

CARPINELLO, J.

In 1976, petitioner was sentenced to concurrent prison terms of 20 years to life and 0 to 15 years upon his conviction of murder in the second degree and arson in the second degree. Subsequent to the most recent denial by the Board of Parole of petitioner's request for release to parole supervision, petitioner commenced this combined proceeding/action seeking a declaration that Executive Law § 259-i (1) (a) and 9 NYCRR 8001.1, 8001.2 and 8001.3...

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