MATTER OF NICOLETTA v. NEW YORK STATE DIVISION OF PAROLE

508554.

74 A.D.3d 1609 (2010)

904 N.Y.S.2d 788

In the Matter of FRANCESCO NICOLETTA, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided June 17, 2010.


In 1994, petitioner was convicted of two counts of attempted murder in the second degree and was sentenced to consecutive terms of 5 to 15 years in prison. In September 2008, he made his third appearance before the Board of Parole seeking parole release. At the conclusion of the hearing, his request was denied and he was ordered held until his reappearance date in July 2010. Petitioner pursued an administrative appeal and, when a decision was not forthcoming within four months...

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