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


60 N.Y.2d 832 (1983)

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

Court of Appeals of the State of New York.

Decided November 1, 1983.


Attorney(s) appearing for the Case

Murray Bogatin for appellant.

Robert Abrams, Attorney-General (Nancy A. Spiegel and Peter H. Schiff of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Supreme Court, Albany County, for a hearing to determine when petitioner was informed of the appeal board's determination.

The four-month Statute of Limitations did not begin to run until the petitioner received notice of the appeal board's determination (see, e...

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