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MATTER OF FRANKLIN v. NEW YORK STATE BD. OF PAROLE APPEALS UNIT

516745.

111 A.D.3d 1053 (2013)

974 N.Y.S.2d 809

2013 NY Slip Op 7543

In the Matter of FREDERICK FRANKLIN, Appellant, v. NEW YORK STATE BOARD OF PAROLE APPEALS UNIT, Respondent.

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

Decided November 14, 2013.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent rendered in February 2011, which denied his request for parole release and ordered his next appearance in 24 months. Supreme Court granted respondent's motion to dismiss the proceeding as time-barred, prompting this appeal.

The Attorney General has advised this Court that petitioner reappeared before the Board on March 5, 2013 and his request for parole release was again...

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