Legal Opinion

Hayes v. Evans

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2012Published

1Opinion of the CourtMalone Jr., J.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered September 30, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

*1208Following the denial of petitioner’s application for discharge from parole pursuant to Executive Law § 259-j, petitioner commenced this CPLR article 78 proceeding challenging the determination. Supreme Court granted respondent’s motion to dismiss the petition as time-barred and this appeal ensued.

We affirm. A challenge to an administrative determination must be commenced within four months…

2Cases cited3 opinions

  1. Bianca v. FrankNew York Court of Appeals · 1977
  2. Feldman v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2005
  3. Singer v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API