Opinion
June 14, 1993
Appeal from the Supreme Court, Richmond County (Garry, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
This proceeding was converted into a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole dated August 7, 1990, which declined to grant the petitioner's application for parole. However, the proceeding was barred by the four-month Statute of Limitations (see, CPLR 217; People ex rel. Cotton v. Rodriquez, 123 A.D.2d 338; Matter of Ganci v. Hammock, 120 A.D.2d 666). Further, we note that since the petitioner voluntarily withdrew his appeal from the administrative determination, he failed to exhaust his administrative remedies. Mangano, P.J., O'Brien, Ritter and Pizzuto, JJ., concur.