Menechino v. Division of Parole — 26 N.Y.2d 837

Majority

p. 837

In the Matter of Joseph Menechino, Appellant, v. Division of Parole, New York City, et al., Respondents.

Argued December 3, 1969;

decided February 26, 1970.

David Rosenberg and Leonard B. Boudin for appellant.

Louis J. Lefkowitz, Attorney-General (Hillel Hoffman and Samuel A. Hirshowitz of counsel), for respondents.

p. 838

Order affirmed, without costs, in the following memorandum: The order of the Appellate Division should be affirmed, without costs, on the sole ground that the proceeding brought pursuant to CPLB article 78 was barred by the four-months period of limitation prescribed (CPLB 217). The court did not reach or consider the petitioner’s argument that he had a constitutional right to be represented by counsel in a parole revocation proceeding. Our determination is, however, without prejudice to any other proceeding which the petitioner may be advised to institute.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.