Benyi v. Ross

Full title: JOHN BENYI, Appellant, v. BERT ROSS et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 4, 1995

214 A.D.2d 304 (N.Y. App. Div. 1995)

625 N.Y.S.2d 886

Opinion

April 4, 1995

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).

Respondents' determination denying petitioner's parole release became final and binding when petitioner exhausted his review procedures on December 2, 1992 (People ex rel. Jelich v Smith, 105 A.D.2d 1125), and any judicial review became time-barred four months later, on April 2, 1993 (CPLR 217; Matter of Ganci v Hammock, 120 A.D.2d 666, lv denied 68 N.Y.2d 606). This proceeding was commenced in August 1993, which was outside the four-month Statute of Limitations. We have considered petitioner's other arguments and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Asch and Mazzarelli, JJ.

Kupferman, J., concurs in a memorandum as follows:

While I believe that the petitioner may not have been time-barred because he may well have sent his papers to the Court Clerk on time, we need not go into that question because he was subsequently denied parole at a later hearing and, accordingly, the matter becomes moot.