MATTER OF MUGGELBERG v. NEW YORK STATE BOARD OF PAROLE

525856.

167 A.D.3d 1181 (2018)

87 N.Y.S.3d 915

2018 NY Slip Op 08590

In the Matter of John Muggelberg, Appellant, v. New York State Board of Parole, Respondent.

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

Decided December 13, 2018.


Petitioner is serving a prison term of 25 years to life following his conviction of murder in the second degree. In August 2016, petitioner made his fifth appearance before respondent seeking to be released on parole supervision. Respondent denied his request and ordered him to be held for 24 months, which determination was affirmed on administrative appeal. Petitioner commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition...

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