Cardwell v. Travis

—Appeal from a judgment of the Supreme Court (Lahtinen, J.), entered March 9, 2000 in Franklin County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time barred.

Petitioner was arrested on July 19, 1996 while on parole from a 9 to 18-year sentence. Although a parole violation warrant was filed against petitioner in October 1996, it was lifted because a preliminary hearing was not timely held. Thereafter, petitioner was sentenced to 2 to 4 years’ imprisonment upon his conviction relating to the July 19, 1996 arrest. On October 3, 1997, respondent issued…