Acero v. Sabourin

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 4, 2003 in Franklin County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as untimely.

Following his March 1997 arrest on federal kidnapping charges, a violation of release report was issued charging petitioner with violating two of the conditions of his parole. Due to the pendency of the federal charges, no declaration of delinquency was made at that time. In January 1998, after pleading guilty to one of the federal charges, petitioner was declared delinquent as…