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MATTER OF MONTES v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

CV-23-0592.

2024 NY Slip Op 00344

In the Matter of Germaine Montes, Appellant, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided January 25, 2024.

Attorney(s) appearing for the Case

Germaine Montes, Stormville, appellant pro se.

Letitia James , Attorney General, Albany ( Rachel Raimondi of counsel), for respondent.

Before: Garry, P.J., Aarons, Pritzker, McShan and Mackey, JJ.

Appeal from a judgment of the Supreme Court (Thomas Marcelle, J.), entered February 24, 2023 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding seeking permission to file a late administrative appeal challenging the denial of his parole. Pursuant to an order to show cause signed by Supreme Court (Corcoran, J.), petitioner was directed to serve...

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