In May 2006, petitioner commenced this CPLR article 78 proceeding challenging a September 21, 2005 decision of the Board of Parole denying his request for parole release. Subsequently, a de novo parole hearing was conducted in August 2006, which again resulted in the denial of petitioner's request for parole release. As a result, Supreme Court granted respondent's motion to dismiss the petition which challenges only the 2005 denial decision. This appeal ensued.
Petitioner...
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