Legal Opinion

Raqiyb v. New York State Division of Parole

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

Decided February 5, 1998PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 22, 1997 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as barred by the Statute of Limitations and for failure to exhaust administrative remedies.

Supreme Court properly dismissed petitioner’s application seeking to challenge a January 25, 1996 determination denying him parole release on the ground that petitioner failed to commence this review proceeding within four months of the determination (see, CPLR 217; Matter of Hauver v New York State…

2Cases cited3 opinions

  1. Pickett v. LongAppellate Division of the Supreme Court of the State of New York · 1996
  2. Hauver v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1997
  3. Sommer v. JonesAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

  1. Matter of Schendel v. StanfordAppellate Division of the Supreme Court of the State of New York · 2020
  2. Cullum v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Amaker v. GoordAppellate Division of the Supreme Court of the State of New York · 2001

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