Purcell v. Dennison

Appeal from a judgment of the Supreme Court (Connor, J.), entered October 4, 2005 in Columbia County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Petitioner’s request for parole release was denied following an August 2004 hearing and the determination was upheld on administrative appeal. Petitioner received notice of the determination on January 13, 2005. Thereafter, he filed a petition and supporting papers in an effort to commence a CPLR article 78 proceeding challenging the determination, which were received by the…