Marcus v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Cobb, J.), entered January 6, 1999 in Albany County, which, upon reconsideration, in a proceeding pursuant to CPLR article 78, *920granted respondent’s motion to dismiss the petition as time barred.

Petitioner received notice that his parole was finally revoked on October 13, 1997. Thereafter, on February 25, 1998, he filed an order to show cause in the Albany County Clerk’s office commencing a CPLR article 78 proceeding to challenge this determination. Respondent thereafter moved to dismiss the petition as, inter alia, barred by the four-month Statute…