Soto v. New York State Board of Parole

Mollen, P. J.,

dissents and votes to reverse the judgment appealed from, and remit the matter to the Supreme Court, Dutchess County, for an adjudication of the merits, with a memorandum, in which Titone, J., concurs.

The question presented on this appeal is whether the petitioner’s CPLR article 78 proceeding was barred by CPLR 217, which prescribes the time within which a proceeding against a body or officer must be commenced. Special Term and a majority of this court have concluded that the proceeding was time barred. This conclusion requires the petitioner to wait until he completes his…