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MATTER OF FRASER v. EVANS

2012-03962, Index No. 7182/11.

109 A.D.3d 913 (2013)

971 N.Y.S.2d 332

2013 NY Slip Op 5900

In the Matter of REGINALD FRASER, Respondent, v. ANDREA EVANS, Chairwoman, NYS Department of Correction and Community Supervision, Appellant.

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

Decided September 18, 2013.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated September 20, 2010, which, after a hearing, denied the petitioner's request to be released to parole, the appeal is from an order of the Supreme Court, Orange County (Ecker, J.), dated February 27, 2012, which granted the petition, annulled the determination, and remitted the matter to the New York State Board of Parole for a new parole hearing before a different...

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