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MATTER OF BURR v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

529048.

185 A.D.3d 1361 (2020)

126 N.Y.S.3d 431

2020 NY Slip Op 04351

In the Matter of David A. Burr, Appellant, v. New York State Department of Corrections and Community Supervision, Board of Parole, Respondent.

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

Decided July 30, 2020.

Petitioner was convicted in 1984 of murder in the second degree and assault in the second degree and is serving a prison term of 25 years to life. In January 2018, respondent denied petitioner's request for discretionary release and ordered him held for an additional 18 months. Petitioner then commenced this CPLR article 78 proceeding to challenge respondent's determination. By judgment entered May 6, 2019, Supreme Court dismissed petitioner's application, and petitioner...

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