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MATTER OF PHILLIPS v. LEMONS

509425.

79 A.D.3d 1555 (2010)

912 N.Y.S.2d 920

In the Matter of JAMES PHILLIPS, Appellant, v. HENRY LEMONS JR., as Chair of the Division of Parole, Respondent.

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

Decided December 30, 2010.

In 2007, petitioner was convicted of attempted forgery in the second degree and sentenced to 1½ to 3 years in prison. He made his first appearance before the Board of Parole in December 2008 and his request for parole release was denied. This CPLR article 78 proceeding ensued. Supreme Court dismissed the petition, prompting this appeal.

The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board...

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