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

15 A.D.3d 774 (2005)

789 N.Y.S.2d 762

In the Matter of MELVIN JAMES, Appellant, v. NEW YORK STATE BOARD OF PAROLE et al., Respondents.

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

February 17, 2005.

Petitioner, an inmate currently serving time in a state correctional facility, commenced this CPLR article 78 proceeding challenging the February 2003 denial of his request for parole release. He purportedly mailed copies of the unsigned order to show cause, petition and exhibits to the Attorney General's office on November 18, 2003, but they were not received until December 17, 2003. On December 22, 2003, Supreme Court signed the order to show cause and directed petitioner...

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