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MATTER OF BIONDO v. NEW YORK STATE BD. OF PAROLE

90 A.D.2d 943 (1982)

In the Matter of Sebastian Biondo, Appellant, v. New York State Board of Parole, Respondent

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

November 24, 1982

Petitioner, a former inmate at the Auburn Correctional Facility, takes exception to respondent's determination that the expiration of his sentences, on February 5, 1981, rendered a then pending administrative appeal concerning his prior parole status moot. As this article 78 proceeding was not commenced within the time prescribed in CPLR 217, Special Term properly dismissed the petition. Section 217 plainly requires that this proceeding...

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