Dearmas v. New York State Division of Parole

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered August 13, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as, inter alia, time barred.

Petitioner, a prison inmate, was arrested in April 1994 following his February 1993 release to parole supervision. He later pleaded guilty in October 1995 to the charges arising from this arrest. On December 1, 1995, respondent declared petitioner delinquent as a result of the April 1994 arrest and informed him that his sentence was to be recalculated and a new…