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MATTER OF MOORE v. EVANS

Nos. 7613, 100479/10.

95 A.D.3d 579 (2012)

944 N.Y.S.2d 92

2012 NY Slip Op 3738

In the Matter of STANLEY MOORE, Appellant, v. ANDREA W. EVANS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2012.

Petitioner's challenge is time-barred because it was not brought within four months of receiving notice in 1983 of the Parole Board's determination to revoke his parole (CPLR 217 [1]; Matter of Carter v State of N.Y., Exec. Dept., Div. of Parole, 95 N.Y.2d 267, 270-272 [2000]). Even if, as petitioner asserts, the Division of Parole had a continuous ministerial duty to expunge his 1983 parole revocation, this proceeding would still...

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