Legal Opinion

Cruz v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 2001PublishedCited by 13 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the Supreme Court (Williams, J.), entered September 29, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as untimely.

Petitioner is currently incarcerated as a result of several sentences, the most recent of which was imposed in January 1996 based upon crimes he committed while on parole. In or about October 1999, petitioner commenced a CPLR article 78 proceeding which apparently challenged the date of delinquency arising out of the 1996 conviction. The proceeding was ultimately dismissed as untimely, but during the…

2Cases cited3 opinions

  1. Bottom v. GoordNew York Court of Appeals · 2001
  2. People v. HannaAppellate Division of the Supreme Court of the State of New York · 1995
  3. Jarrell v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by13 opinions

  1. People ex rel. Melendez v. BennettAppellate Division of the Supreme Court of the State of New York · 2002
  2. Reed v. TravisAppellate Division of the Supreme Court of the State of New York · 2005
  3. Tineo v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2005
  4. Patterson v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  5. Blake v. TravisAppellate Division of the Supreme Court of the State of New York · 2006

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