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MATTER OF BURR v. ROCK

514165.

106 A.D.3d 1296 (2013)

964 N.Y.S.2d 916

2013 NY Slip Op 3521

In the Matter of DAVID A. BURR, Appellant, v. DAVID A. ROCK, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided May 16, 2013.

Petitioner is currently serving 25 years to life in prison on a 1983 murder conviction. In November 2011, the Board of Parole denied his request for release to parole supervision. In February 2012, he brought an application for habeas corpus relief challenging the Board's decision. Supreme Court converted the application into a CPLR article 78 proceeding. Respondents moved to dismiss the petition for, among other things, failure to exhaust administrative remedies. Supreme...

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