# Acero v. New York State Board of Parole

> Appellate Division of the Supreme Court of the State of New York · September 18, 2003 · 308 A.D.2d 641

URL: https://www.frixlaw.com/law-library/cases/6098845

## Case

- **Full name:** In the Matter of Andres Acero v. New York State Board of Parole
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 18, 2003
- **Citations:** 308 A.D.2d 641; 764 N.Y.S.2d 367; 2003 N.Y. App. Div. LEXIS 9552
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6098845

## Opinion text

—Appeal from a judgment of the Supreme Court (Cobb, J.), entered June 7, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.
Petitioner commenced this CPLR article 78 proceeding to challenge the revocation of his parole and the imposition of a seven-year time assessment. The petition was properly dismissed by Supreme Court as untimely as it exceeded the applicable four-month statute of limitations (see CPLR 217 [1]; see also Matter of Grant v Senkowski, 95 NY2d 605 [2001]). Petitioner’s representations to the contrary have been examined and found to be without merit.
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6098845. Public record. Not legal advice.