James v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Malone, Jr., J.), entered May 20, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion for reconsideration.

Petitioner, an inmate currently serving time in a state correctional facility, commenced this CPLR article 78 proceeding challenging the February 2003 denial of his request for parole release. He purportedly mailed copies of the unsigned order to show cause, petition and exhibits to the Attorney General’s office on November 18, 2003, but they were not received until December 17, 2003. On…