MATTER OF OQUENDO v. TRAVIS


300 A.D.2d 773 (2002)

750 N.Y.S.2d 801

In the Matter of JOSE OQUENDO, Appellant, v. BRION D. TRAVIS, as Chair of the New York State Division of Parole, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 12, 2002.


On October 10, 2001, petitioner commenced this proceeding to challenge a decision of the Board of Parole revoking his parole release without a hearing. The record establishes that the Board's final decision was mailed to petitioner no later than January 17, 2001 and that he did not commence this proceeding until approximately nine months thereafter. Hence, the matter was properly dismissed for failure to comply with the applicable statute of limitations period requiring that...

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