Arosena v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Cannizzaro, J), entered May 5, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Petitioner commenced this CPLR article 78 proceeding to review a determination denying his request for parole release. Respondent moved to dismiss the proceeding as barred by the statute of limitations. Supreme Court granted the motion and this appeal ensued.

Respondent now withdraws its timeliness objection. The record establishes that petitioner received notice of the final…