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MATTER OF SAMUEL v. ALEXANDER

2009-02670

69 A.D.3d 861 (2010)

892 N.Y.S.2d 557

2010 NY Slip Op 520

In the Matter of BERNARD SAMUEL, Appellant, v. GEORGE B. ALEXANDER, Respondent.

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

Decided January 19, 2010.

Ordered that the judgment is affirmed, without costs or disbursements.

A parole determination may be set aside only where the determination of the New York State Division of Parole (hereinafter the Parole Board) to deny an early release evinced "irrationality bordering on impropriety" (Matter of Russo v New York State Bd. of Parole, 50 N.Y.2d 69, 77 [1980]). While the Parole Board...

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