Menechino v. Division of Parole

New York Court of Appeals
Menechino v. Division of Parole, 26 N.Y.2d 837 (N.Y. 1970)
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.

Reference

Full Case Name
In the Matter of Joseph Menechino v. Division of Parole, New York City
Cited By
13 cases
Status
Published