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MATTER OF NUNEZ v. NEW YORK STATE PAROLE DIVISION

284 A.D.2d 333 (2001)

725 N.Y.S.2d 883

In the Matter of EDUSIN NUNEZ, Appellant, v. NEW YORK STATE PAROLE DIVISION, Respondent.

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

Decided June 4, 2001.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly denied the petition and dismissed the proceeding. The period of time within which the respondent had to act did not begin to run until the petitioner was released from Federal custody. Only then could the petitioner be held in the respondent's custody exclusively pursuant to the warrant he is now challenging. Since it is clear that this had not yet occurred when the petition...

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