Summary
In Matter of Menechino v. Division of Parole (26 N.Y.2d 837, 838), the Court of Appeals held that an article 78 proceeding commenced in July, 1968 to review a revocation of parole in May, 1965 was "barred by the four-months period of limitation prescribed" by CPLR 217.
Summary of this case from Matter of Soto v. New York St. Bd. of ParoleOpinion
Argued December 3, 1969
Decided February 26, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.
David Rosenberg and Leonard B. Boudin for appellant.
Louis J. Lefkowitz, Attorney-General ( Hillel Hoffman and Samuel A. Hirshowitz of counsel), for respondents.
Order affirmed, without costs, in the following memorandum: The order of the Appellate Division should be affirmed, without costs, on the sole ground that the proceeding brought pursuant to CPLR article 78 was barred by the four-months period of limitation prescribed (CPLR 217). The court did not reach or consider the petitioner's argument that he had a constitutional right to be represented by counsel in a parole revocation proceeding. Our determination is, however, without prejudice to any other proceeding which the petitioner may be advised to institute.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.