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IN THE MATTER OF RIVERA v. DENNISON

503946.

2008 NY Slip Op 06415

IN THE MATTER OF JOHN BANCHS RIVERA, Appellant, v. ROBERT DENNISON, as Chair of the Board of Parole, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

John Banchs Rivera, Marcy, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent.

Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ.

MEMORANDUM AND ORDER

Petitioner commenced this CPLR article 78 proceeding seeking to annul a May 2006 determination of the Board of Parole denying his request for parole release and imposing a 24-month hold. Supreme Court granted the petition based upon the Board's failure to obtain and consider petitioner's sentencing minutes and remitted this matter for a new hearing.

In view of the fact that Supreme Court granted petitioner's application and remitted...

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