Hyperlawhypertext legal database Acero v. New York State Board of Parole 308 A.D.2d 641

← Cases

Acero v. New York State Board of Parole

308 A.D.2d 641 Court N.Y. App. Div. Decision date 2003-09-18 English

Contents

Majority

p. 641
In the Matter of Andres Acero, Appellant, v New York State Board of Parole, Respondent.
[764 NYS2d 367]

—Appeal from a judgment of the Supreme Court (Cobb, J.), entered June 7, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

Petitioner commenced this CPLR article 78 proceeding to challenge the revocation of his parole and the imposition of a seven-year time assessment. The petition was properly dismissed by Supreme Court as untimely as it exceeded the applicable four-month statute of limitations (see CPLR 217 [1]; see also Matter of Grant v Senkowski, 95 NY2d 605 [2001]). Petitioner’s representations to the contrary have been examined and found to be without merit.

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

Cases cited