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IN THE MATTER OF RIVERA v. TRAVIS

23 A.D.3d 942 (2005)

804 N.Y.S.2d 845

In the Matter of JAIME RIVERA, Appellant, v. BRION 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.

November 23, 2005.

Kane, J.

Petitioner is presently serving a prison sentence of 15 years to life for murder in the second degree. In November 2003, two months after the Board of Parole denied his third request for release, petitioner sought a ruling from the Board that 9 NYCRR 8001.1, 8001.2 and 8001.3 were repealed by implication as a result of an amendment to Penal Law § 70.00 (3), which eliminated the Board's authority to establish a prisoner's minimum period of imprisonment...

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