MATTER OF CRUZ v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


288 A.D.2d 572 (2001)

732 N.Y.S.2d 651

In the Matter of ANTONIO CRUZ, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided November 8, 2001.


Carpinello, J.

Petitioner is currently incarcerated as a result of several sentences, the most recent of which was imposed in January 1996 based upon crimes he committed while on parole. In or about October 1999, petitioner commenced a CPLR article 78 proceeding which apparently challenged the date of delinquency arising out of the 1996 conviction. The proceeding was ultimately dismissed as untimely, but during the process of preparing a response to that petition...

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