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MATTER OF PAYNE v. EVANS

514661.

102 A.D.3d 1026 (2013)

957 N.Y.S.2d 910

2013 NY Slip Op 248

In the Matter of TIMOTHY PAYNE, Appellant, v. ANDREA W. EVANS, as Chair of the Division of Parole, Respondent.

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

Decided January 17, 2013.

Petitioner commenced this CPLR article 78 proceeding challenging an October 2010 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition, resulting in this appeal. The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board at which time his request for parole release was again denied. In view of this, the...

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