Hayes v. Evans

Appeal from a judgment of the Supreme Court (Cahill, J.), entered September 30, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

*1208Following the denial of petitioner’s application for discharge from parole pursuant to Executive Law § 259-j, petitioner commenced this CPLR article 78 proceeding challenging the determination. Supreme Court granted respondent’s motion to dismiss the petition as time-barred and this appeal ensued.

We affirm. A challenge to an administrative determination must be commenced within four months…