MATTER OF LEWIS v. TRAVIS


282 A.D.2d 836 (2001)

722 N.Y.S.2d 922

In the Matter of HERBERT LEWIS, Appellant, v. BRION D. TRAVIS, as Chair of the Division of Parole, et al., Respondents.

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

Decided April 12, 2001.


Following the commencement of this CPLR article 78 proceeding by petitioner, respondents moved to dismiss the proceeding on the ground that petitioner's challenge to the 1994 calculation of his sentence was barred by the Statute of Limitations. Supreme Court granted the motion and this appeal ensued.

The Attorney General has informed this Court that the motion to dismiss on Statute of Limitations grounds was misguided due to the confusing nature of the petition and...

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