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IN THE MATTER OF SHAPARD v. ZON

30 A.D.3d 1098 (2006)

815 N.Y.S.2d 852

In the Matter of CHRISTOPHER SHAPARD, Appellant, v. ANTHONY ZON, as Superintendent of Wende Correctional Facility, et al., Respondents.

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

June 9, 2006.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 in which he sought to annul the determination of the Parole Board denying his release to parole supervision. Petitioner contends that the determination of the Parole Board is arbitrary and capricious, irrational, and in violation of lawful procedure because the Parole Board did not exercise its discretion with respect to petitioner and instead is denying parole requests from...

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