MATTER OF WARMUTH v. NEW YORK STATE DIV. OF PAROLE

517188

110 A.D.3d 1136 (2013)

972 N.Y.S.2d 925

2013 NY Slip Op 6607

In the Matter of DOUGLAS WARMUTH, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided October 10, 2013.


Petitioner is presently serving a prison sentence of 20 years to life as the result of his conviction for murder in the second degree. He reappeared before the Board of Parole in October 2011, at which time the Board denied his request for parole release and ordered him held for an additional 24 months. After he failed to receive a timely response to his administrative appeal, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition, prompting...

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