Timmers v. New York State Division of Parole
Opinion of the Court
Appeal from a judgment of the Supreme Court (Stein, J.), entered March 7, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.
We affirm. The proceeding herein was not commenced until long after the applicable four-month statute of limitations had expired (see CPLR 217 [1]; Matter of Acero v Sabourin, 5 AD3d 821, 822 [2004]) and, contrary to petitioner’s assertion, the circumstances of this case do not afford him relief pursuant to CPLR 205 (a). Thus, respondent’s motion to dismiss was properly granted.
Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.