Timmers v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Stein, J.), entered March 7, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

*1227Following the denial of petitioner’s application for a writ of habeas corpus (see People ex rel. Timmers v Mellas, 27 AD3d 1179 [2006], lv denied 7 NY3d 702 [2006]), he commenced this CPLR article 78 proceeding challenging the revocation of his parole. Supreme Court dismissed the proceeding as untimely, prompting this appeal.

We affirm. The proceeding herein was not commenced until…