Carter v. State of New York, Executive Department, Division of Parole

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered January 5, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss-the petition as time barred.

Following a hearing, petitioner’s parole was revoked in August 1997 and he pursued the administrative appeal procedure found in 9 NYCRR part 8006. On December 22, 1997, respondent’s Appeals Unit issued its statement of findings and recommended that the original determination revoking parole be affirmed and the matter referred to the full Board of Parole for…