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MATTER OF REYNOSO v. McGINNIS

32 A.D.3d 1147 (2006)

821 N.Y.S.2d 476

In the Matter of IGNACIO REYNOSO, Appellant, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

September 28, 2006.

In August 2005, petitioner commenced a proceeding for a writ of habeas corpus challenging a determination of the Time Allowance Committee establishing his conditional release date, which was administratively affirmed on August 8, 2001. After Supreme Court converted it to a CPLR article 78 proceeding, respondent moved to dismiss the proceeding as untimely. Supreme Court granted the motion and this appeal ensued.

Pursuant to CPLR 217 (1), petitioner had four months...

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