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MATTER OF ALVAREZ v. NEW YORK STATE DIVISION OF PAROLE

510792.

85 A.D.3d 1468 (2011)

925 N.Y.S.2d 908

2011 NY Slip Op 5385

In the Matter of RAYMOND ALVAREZ, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Chairman, Respondent.

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

Decided June 23, 2011.

Petitioner commenced this CPLR article 78 proceeding challenging a March 2009 decision of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that the Board conducted another hearing in February 2011, and petitioner's request for parole release was again denied. Although petitioner advises that he did not attend and that the hearing was held in his absence, there is no indication that he waived the February 2011 hearing...

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