Lopez v. Evans
Opinion of the Court
Appeal from a judgment of the Supreme Court (Cerio, J.), entered June 20, 2011 in Chemung County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.
Petitioner, a pro se inmate, filed a verified petition on May 19, 2011 to commence a CPLR article 78 proceeding challenging a determination of the Board of Parole rendered September 30, 2010. Supreme Court issued an order directing petitioner to file an amended petition to establish compliance with the applicable statute of limitations, although it is not clear from the record to which statute of limitations the court was referring. After petitioner filed an amended petition, the court dismissed the petition for failure to comply with the statute of limitations. Petitioner now appeals.
Peters, J.P., Spain, Malone Jr., McCarthy and Garry, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.