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RODRIGUEZ v. NEW YORK STATE DIVISION OF PAROLE

56 A.D.3d 1079 (2008)

867 N.Y.S.2d 3591

In the Matter of MICHAEL RODRIGUEZ, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

November 26, 2008.

Petitioner commenced this CPLR article 78 proceeding challenging a February 2006 determination of the Board of Parole denying his request for parole release and ordering him held for an additional 24 months. In December 2007, after respondent served its answer, Supreme Court dismissed the petition. Petitioner appeals.

The Attorney General has advised that petitioner reappeared before the Board in February 2008, at which time his request for parole release was again...

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