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IN THE MATTER OF PURCELL v. DENNISON

29 A.D.3d 1128 (2006)

814 N.Y.S.2d 787

In the Matter of MICHAEL PURCELL, Appellant, v. ROBERT DENNISON, 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.

May 11, 2006.

Petitioner's request for parole release was denied following an August 2004 hearing and the determination was upheld on administrative appeal. Petitioner received notice of the determination on January 13, 2005. Thereafter, he filed a petition and supporting papers in an effort to commence a CPLR article 78 proceeding challenging the determination, which were received by the Columbia County Clerk's office on May 19, 2005. Respondent, in turn, moved to dismiss the proceeding...

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