# Mabery v. New York State Board of Parole

> Appellate Division of the Supreme Court of the State of New York · September 7, 1995 · 219 A.D.2d 750

URL: https://www.frixlaw.com/law-library/cases/5993473

## Case

- **Full name:** In the Matter of Fred Mabery v. New York State Board of Parole
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 7, 1995
- **Citations:** 219 A.D.2d 750; 631 N.Y.S.2d 87; 1995 N.Y. App. Div. LEXIS 9155
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5993473

## Opinion text

App *751 eal from a judgment of the Supreme Court (Kahn, J.), entered November 2, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent State Board of Parole denying petitioner’s request for parole consideration.
Petitioner, an inmate serving a term of 81h to 25 years in prison upon a 1974 conviction, challenges the refusal by respondent State Board of Parole to consider him for parole. He contends that the Board misapplied provisions of the Penal Law in calculating his parole eligibility date in that it failed to properly credit him for time he served in prison in North Carolina between 1972 and 1988. Inasmuch as petitioner has unsuccessfully raised this same claim numerous times in other proceedings, we find that he is precluded from raising it again here. In any event, were we to consider the merits, we would find that the Board properly calculated petitioner’s parole eligibility date from the date petitioner was returned to New York in 1988.
Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5993473. Public record. Not legal advice.