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MATTER OF SMITH v. NEW YORK STATE DIVISION OF PAROLE

64 A.D.3d 1030 (2009)

882 N.Y.S.2d 759

In the Matter of ANTHONY SMITH, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided July 16, 2009.

Petitioner currently is serving a prison term of 15 years to life following his 1989 conviction of kidnapping in the first degree. Petitioner made his third appearance before the Board of Parole in August 2007 and, at the conclusion of the hearing, the Board denied petitioner's request for release and ordered him held for an additional 24 months. Upon receiving no response to his administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking to annul...

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