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

104 A.D.2d 680 (1984)

In the Matter of Marcelino Julio, Also Known as Julio Marcelino, Appellant, v. New York State Board of Parole, Respondent

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

September 13, 1984

The question presented is whether CPLR 205 (subd [a]) allows petitioner to maintain the instant CPLR article 78 proceeding, which would otherwise be time barred under the provisions of CPLR 217. We conclude that CPLR 205 (subd [a]) does not permit the maintenance of this proceeding. The judgment entered at Special Term dismissing the petition herein should therefore be affirmed.

Petitioner was convicted of manslaughter in...

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