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MATTER OF GUZMAN v. CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE

260 A.D.2d 735 (1999)

687 N.Y.S.2d 807

In the Matter of ARMANDO GUZMAN, Appellant, v. CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, et al., Respondents.

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

Decided April 8, 1999.

Mercure, J.

Petitioner commenced two separate CPLR article 78 proceedings to challenge a November 4, 1996 determination denying him release on parole. Supreme Court dismissed both proceedings, petitioner appeals and we affirm. First, Supreme Court did not err in dismissing the second proceeding based upon the pendency of the first proceeding, which challenged the same administrative determination and raised the very same issues (see, CPLR 3211 [a] [4]; Matter...

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