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MATTER OF NEWTON v. DENNISON

47 A.D.3d 538 (2008)

849 N.Y.S.2d 435

In the Matter of DERRICK NEWTON, Respondent-Appellant, v. ROBERT DENNISON, as Chairman of the New York State Board of Parole, Appellant-Respondent.

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

Decided January 29, 2008.

Respondent argues in its reply brief that its appeal should be dismissed as it was rendered moot by a new parole hearing before a different panel that was conducted after it had filed its opening brief. Petitioner's cross appeal is meritless, as the proper remedy for an unfair hearing is not release but a remand for a new hearing (Matter of Quartararo v New York State Div. of Parole, 224 A.D.2d 266 [1996], lv denied 88 N.Y...

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