Julio v. New York State Board of Parole

— Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered July 22, 1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the New York State Board of Parole declaring petitioner to be a parole violator, revoking his parole, and extending the maximum expiration date of his paroled supervision.

The question presented is whether CPLR 205 (subd [a]) allows petitioner to maintain the instant CPLR article 78 proceeding, which would otherwise be time barred under the provisions of CPLR 217. We…