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MATTER OF DARRYL BOYD, PETITIONER, v. BRION D. TRAVIS, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: The determination that petitioner violated the conditions of his parole is supported by substantial evidence ( see Matter of Prodromidis v. McCoy, 292 A.D.2d 769). Petitioner failed to preserve for our review his contentions relating to respondent's alleged failure to produce or offer into evidence a written copy of the special condition he was charged with violating ( see Matter of Stanbridge v. Hammock, 55 N.Y.2d 661, 663). In any event, petitioner failed to exhaust his administrative remedies with respect to those contentions ( see People ex rel. McDaniel v. Travis, 288 A.D.2d 940, 941, lv denied 97 N.Y.2d 613; Matter of Boyer v. Chairman, New York State Parole Bd., 199 A.D.2d 584). We reject the further contention of petitioner that he was denied meaningful representation on his administrative appeal ( see generally People ex rel. McCrory v. Rodriguez, 191 A.D.2d 664).

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IN THE MATTER OF BOYD v. TRAVIS
(Apr 30, 2004)