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IN THE MATTER OF BARNES v. NEW YORK STATE DIV. OF PAROLE

504154.

2008 NY Slip Op 06493

IN THE MATTER OF WILLIAM F. BARNES, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

William F. Barnes, Auburn, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Carpinello, Rose, Lahtinen and Kavanagh, JJ.

MEMORANDUM AND ORDER

Petitioner, who is serving an aggregate prison term of 20 years to life following his 1979 conviction of murder in the second degree and escape in the first degree, commenced this CPLR article 78 proceeding following his fifth unsuccessful appearance before the Board of Parole in January 2007. Supreme Court dismissed the petition, finding that the Board's decision to deny petitioner's request for parole release was not irrational, and this appeal...

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