MATTER OF CONGELOSI v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION


120 A.D.3d 874 (2014)

990 N.Y.S.2d 422

2014 NY Slip Op 05690

In the Matter of BRIAN CONGELOSI, Appellant, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided August 7, 2014.


Petitioner was convicted of numerous offenses in 1996, including two counts of murder in the second degree, and is presently serving an aggregate prison sentence of 16 years to life. His 2012 request for parole release was denied after a hearing and, when he did not receive a timely response to his administrative appeal, he commenced this combined CPLR article 78 proceeding and declaratory judgment action. Petitioner then sought to amend the petition/complaint twice, first...

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