Opinion
February 18, 1999
Appeal from the Supreme Court (Sheridan, J.).
On August 27, 1997, petitioner, a prison inmate, was sent notice that his request for parole was denied. Thereafter, on January 27, 1998, petitioner filed an order to show cause in the Albany County Clerk's office commencing a CPLR article 78 proceeding to challenge this determination. Supreme Court, inter alia, dismissed the petition as barred by the four-month Statute of Limitations ( see, CPLR 217; Matter of Allah v. Goord, 252 A.D.2d 615) and we affirm. Notably, it is well settled that the Statute of Limitations period begins to run from the point the inmate receives notice of the adverse determination and not from the date of its issuance ( see, Matter of Biondo v. New York State Bd. of Parole, 60 N.Y.2d 832, 834; Matter of Warburton v. Department of Correctional Servs., 251 A.D.2d 831, 832). Although the precise date that petitioner received notice of the final denial of his parole request is not apparent from the record, it is significant that petitioner does not dispute that the proceeding was commenced after the Statute of Limitations had expired ( see, Matter of Manfredi v. Coombe, 238 A.D.2d 635; cf., Matter of Warburton v. Department of Correctional Servs., supra). In any event, assuming, arguendo, that this proceeding is not properly characterized as time barred, we agree with Supreme Court that petitioner has failed to demonstrate that the denial of his parole request was irrational ( see, Matter of McKee v. New York State Bd. of Parole, 157 A.D.2d 944, 945).
Cardona, P. J., Crew III, Yesawich Jr., Peters and Graffeo, JJ., concur.
Ordered that the judgment is affirmed, without costs.