Peters, J.
Following the denial of his request for parole release in February 1999, petitioner commenced a CPLR article 78 proceeding that resulted in a judgment which, based upon the absence of records from the file considered by the Board of Parole, annulled the parole release denial. Specifically, petitioner's file was found to be lacking his institutional records for the period 1971 through 1987 and the presentence report that would ordinarily have been prepared...
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