Petitioner commenced this CPLR article 78 proceeding to review a determination denying his request for parole release. Respondent moved to dismiss the proceeding as barred by the statute of limitations. Supreme Court granted the motion and this appeal ensued.
Respondent now withdraws its timeliness objection. The record establishes that petitioner received notice of the final appeal determination on September 16, 2003 and the petition and supporting papers were received...
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