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MATTER OF MORGAN v. STANFORD

521158.

142 A.D.3d 1226 (2016)

37 N.Y.S.3d 720

In the Matter of ANTHONY MORGAN, Appellant, v. TINA M. STANFORD, as Chair of the Board of Parole, Respondent.

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

Decided September 22, 2016.

Petitioner made an initial appearance before the Board of Parole in 2012 and, after his request for parole release was denied, he commenced this CPLR article 78 proceeding. The Department of Corrections and Community Supervision subsequently discovered that petitioner's aggregate prison term had been miscalculated and that he was not eligible for parole release until 2030. The initial parole release determination, as a result, was voided. Supreme Court dismissed the petition...

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