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IN THE MATTER OF BENITEZ v. NEW YORK STATE DIVISION OF PAROLE

10 A.D.3d 743 (2004)

781 N.Y.S.2d 757

In the Matter of LUIS BENITEZ, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

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

September 16, 2004.

Appeal from a judgment of the Supreme Court (Sheridan, J.), entered September 9, 2003 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.

Petitioner commenced the instant CPLR article 78 proceeding challenging a March 2002 decision of the Board of Parole denying his application for parole release. Supreme Court granted respondents' motion to dismiss the petition and petitioner now appeals. The...

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