MATTER OF MENECHINO v. DIV. OF PAROLE, NEW YORK CITY


26 N.Y.2d 837 (1970)

In the Matter of Joseph Menechino, Appellant, v. Division of Parole, New York City, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 26, 1970.


Attorney(s) appearing for the Case

David Rosenberg and Leonard B. Boudin for appellant.

Louis J. Lefkowitz, Attorney-General (Hillel Hoffman and Samuel A. Hirshowitz of counsel), for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


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

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