Lebron v. Travis

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 27, 2006, in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

Petitioner is serving an aggregate sentence of 22 years in prison for his convictions of manslaughter in the first degree and robbery in the first degree. He commenced this CPLR article 78 proceeding challenging a determination denying his request for parole release but, upon objection by respondent, the petition was dismissed as barred by the statute of limitations. This appeal…