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MATTER OF MONTANE v. EVANS

517567

116 A.D.3d 197 (2014)

981 N.Y.S.2d 866

2014 NY Slip Op 1659

In the Matter of YOTUHEL MONTANE, Respondent, v. ANDREA EVANS, as Chair of the Division of Parole, Appellant.

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

Decided March 13, 2014.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Frank Brady of counsel), for appellant.

Hollyer Brady, LLP, New York City ( Orlee Goldfeld of counsel), for respondent.

OPINION OF THE COURT

PETERS, P.J.

Petitioner is currently serving a prison sentence of 3 to 9 years following his plea of guilty to conspiracy in the second degree in connection with his involvement in a major drug dealing operation. He appeared before the Board of Parole for the first time in April 2012, at which time the Board declined to release him to parole supervision and ordered him held for an additional 24 months. Petitioner filed an administrative...

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