Nunez v. New York State Parole Division

—In a proceeding pursuant to CPLR article 78 to vacate a parole warrant for failure to timely hold a parole revocation hearing, the petitioner appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated May 11, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly denied the petition and dismissed the proceeding. The period of time within which the respondent had to act did not begin to run until the petitioner was released from Federal custody. Only then…