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MATTER OF LEBRON v. TRAVIS

32 A.D.3d 1069 (2006)

822 N.Y.S.2d 470

In the Matter of ELVIN LEBRON, Appellant, v. BRION D. TRAVIS, as Chair of the New York State Board of Parole, Respondent.

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

September 14, 2006.

Petitioner is serving an aggregate sentence of 22 years in prison for his convictions of manslaughter in the first degree and robbery in the first degree. He commenced this CPLR article 78 proceeding challenging a determination denying his request for parole release but, upon objection by respondent, the petition was dismissed as barred by the statute of limitations. This appeal by petitioner ensued.

Respondent now withdraws its timeliness objection based upon record...

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