Ross v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Devine, J.), entered March 5, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced the instant proceeding by order to show cause challenging a determination of respondent denying his parole release. The order to show cause provided that all papers relative to the order were to be served by ordinary first class mail upon respondent and the Attorney General on or before November 13, 2009. When petitioner failed to timely serve either, respondent moved to…