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MATTER OF HENRY v. DENNISON

40 A.D.3d 1175 (2007)

833 N.Y.S.2d 418

In the Matter of ERNEST HENRY, Appellant, v. ROBERT DENNISON, 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.

Decided May 3, 2007.

Petitioner was convicted in 1983 of depraved indifference murder in the second degree (see Penal Law § 125.25 [2]) and sentenced to 20 years to life in prison. In July 2005, he made his second appearance before the Board of Parole for parole release. At the conclusion of the hearing, his request was denied and he was ordered held for an additional 24 months. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78...

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