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PEOPLE EX REL. LINARES v. DALSHEIM

107 A.D.2d 728 (1985)

The People of the State of New York ex rel. Charles Linares, Appellant, v. Stephen Dalsheim, as Warden of New York Department of Correctional Services, et al., Respondents

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

January 14, 1985

Judgment affirmed, without costs or disbursements.

If the petition is treated as instituting an article 78 proceeding to review and set aside the Parole Board's determination to revoke petitioner's parole, the proceeding is barred by the four-month Statute of Limitations (CPLR 217; see Matter of Menechino v Division of Parole, 32 A.D.2d 761, affd 26 N.Y.2d 837; Matter of Soto v New York...

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