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MATTER OF ADAMS v. EVANS

512372.

92 A.D.3d 1056 (2012)

937 N.Y.S.2d 901

2012 NY Slip Op 881

In the Matter of JERRY ADAMS, Appellant, v. ANDREA W. EVANS, as Chair of the Division of Parole, Respondent.

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

Decided February 9, 2012.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a May 2010 decision by the Board of Parole denying his request for parole release. While the record is unclear as to whether petitioner timely took an administrative appeal from that decision, it does unequivocally demonstrate that he failed to timely perfect such appeal (see 9 NYCRR 8006.2 [a]). As a result, petitioner failed to exhaust...

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