MATTER OF SMITH v. NEW YORK STATE DIVISION OF PAROLE

510305.

81 A.D.3d 1026 (2011)

916 N.Y.S.2d 285

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 February 3, 2011.


In 1989, petitioner was convicted of kidnapping in the first degree and was sentenced to 15 years to life in prison. In June 2009, he made his fourth appearance before the Board of Parole. At the conclusion of the hearing, his request for parole release was denied and he was ordered held for an additional 24 months. Petitioner then filed an administrative appeal and, when he did not receive a response, he commenced this CPLR article 78 proceeding. Supreme Court dismissed...

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