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PHILLIPS v. DENNISON

41 A.D.3d 17 (2007)

834 N.Y.S.2d 121

In the Matter of WILLIAM R. PHILLIPS, Respondent, v. ROBERT DENNISON, as Chairman of the New York State Board of Parole, Appellant.

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

April 12, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Laura R. Johnson and Michelle Aronowitz of counsel), for appellant.

Kuby & Perez LLP, New York City (Daniel M. Perez and David J. Pressman of counsel), for respondent.

SULLIVAN, NARDELLI, GONZALEZ and KAVANAGH, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This is a CPLR article 78 proceeding brought by petitioner William R. Phillips, a former New York City police officer who is currently serving a term of 25 years to life for his 1975 conviction of two counts of murder and a count of attempted murder. He contends that the denial of his fourth parole application by the New York State Parole Board constituted an abuse of its discretion, asserting that the parole denial was not...

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