Oquendo v. Travis

—Appeal from a judgment of the Supreme Court (Lamont, J.), entered February 14, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the .petition as untimely.

On October 10, 2001, petitioner commenced this proceeding to challenge a decision of the Board of Parole revoking his parole release without a hearing. The record establishes that the Board’s final decision was mailed to petitioner no later than January 17, 2001 and that he did not commence this proceeding until approximately nine months thereafter. Hence, the matter was…