Alvarez v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Richards, J.), entered September 21, 2010 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the proceeding as untimely.

Petitioner commenced this CPLR article 78 proceeding challenging a March 2009 decision of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that the Board conducted another hearing in February 2011, and petitioner’s request for parole release was again denied. Although petitioner advises that he did not attend and that…