New York Court of Appeals, 1970

Menechino v. Division of Parole

Menechino v. Division of Parole
New York Court of Appeals · Decided February 26, 1970
26 N.Y.2d 837; 258 N.E.2d 84; 309 N.Y.S.2d 585; 1970 N.Y. LEXIS 1494

Menechino v. Division of Parole

Opinion of the Court

*838Order 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 CPLB article 78 was barred by the four-months period of limitation prescribed (CPLB 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.