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MATTER OF HOLLOWAY v. NEW YORK STATE DEP'T OF PAROLE

129 A.D.2d 996 (1987)

In the Matter of Joseph Holloway, Appellant, v. New York State Department of Parole, Respondent

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

April 3, 1987

Judgment unanimously reversed on the law and proceeding transferred to Supreme Court, Westchester County.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding on April 22, 1986 to review and annul the February 19, 1986 decision of the Appeals Unit of the Division of Parole, which affirmed the Parole Board's denial of parole. Special Term dismissed the petition as untimely. This was error. Since this proceeding

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