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IN THE MATTER OF KELLY v. HAGLER

512533.

94 A.D.3d 1301 (2012)

942 N.Y.S.2d 290

2012 NY Slip Op 2917

In the Matter of COURTNEY KELLY, Appellant, v. COMMISSIONER HAGLER, as a Member of the Parole Board, Respondent.

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

Decided April 19, 2012.

Petitioner was convicted of, among other crimes, murder in the second degree and was sentenced to a prison term of 20 years to life. Following his third appearance before the Board of Parole, his request for parole release was denied. After he exhausted his administrative remedies, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition and this appeal ensued.

Parole release decisions are "deemed a judicial function and shall not...

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