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IN THE MATTER OF HOWARD v. NEW YORK STATE BOARD OF PAROLE

5 A.D.3d 271 (2004)

773 N.Y.S.2d 300

In the Matter of THEODORE HOWARD, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

March 23, 2004.

In an affidavit in support of a motion to dismiss petitioner's CPLR article 78 petition to vacate respondent's determination denying petitioner parole and for a new parole hearing, respondent requested that venue be changed from New York to Albany County, where its principal office is located. Respondent had, however, failed to follow the required procedures set forth in CPLR 511 (a) and (b) for a change of venue, including a written demand therefor, based on an improper...

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