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MATTER OF TORRES v. NEW YORK STATE DIV. OF PAROLE

232 A.D.2d 699 (1996)

647 N.Y.S.2d 1018

In the Matter of Jose N. Torres, Appellant, v. New York State Division of Parole, Respondent

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

October 10, 1996

Petitioner commenced this CPLR article 78 by order to show cause challenging respondent's August 1994 determination denying his request for release on parole. Supreme Court dismissed the petition on the basis that petitioner failed to serve respondent as directed in the order to show cause.* Based upon our review of the record, we agree. Although petitioner submitted an affidavit of service stating that respondent was served with the petition...

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