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Matter of Parker v. Exec. Depart

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 2000
278 A.D.2d 767 (N.Y. App. Div. 2000)

Opinion

December 28, 2000.

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered February 24, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition as time barred.

Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.

Jerry Parker, Albion, appellant in person.

Eliot Spitzer, Attorney-General (Alicia Ouellette of counsel), Albany, for respondents.


MEMORANDUM AND ORDER

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent Board of Parole which denied his request for parole release and ordered that he be held for 24 months. Supreme Court granted respondents' motion to dismiss the petition on Statute of Limitations grounds. Petitioner's subsequent motion for reconsideration was denied, prompting this appeal.

The record establishes that the Board's final decision was mailed to petitioner on March 16, 1999. Inasmuch as petitioner filed the executed order to show cause and supporting papers on October 6, 1999, the proceeding was properly dismissed for failure to comply with the four-month Statute of Limitations period (see, CPLR 217; Matter of Shell v. McCray, 261 A.D.2d 664). Petitioner's remaining contentions, including his claim that the Statute of Limitations was extended by order of Supreme Court, have been reviewed and are either without merit or not properly before this Court.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Matter of Parker v. Exec. Depart

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 2000
278 A.D.2d 767 (N.Y. App. Div. 2000)
Case details for

Matter of Parker v. Exec. Depart

Case Details

Full title:In the Matter of JERRY PARKER, Appellant, v. EXECUTIVE DEPARTMENT, BOARD…

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

Date published: Dec 28, 2000

Citations

278 A.D.2d 767 (N.Y. App. Div. 2000)
718 N.Y.S.2d 656